1998D2119 — EN — 20.11.2003 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B DECISION NO 2119/98/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 24 September 1998
setting up a network for the epidemiological surveillance and control of communicable diseases in
the Community
(OJ L 268, 3.10.1998, p. 1)
Amended by:
Official Journal
No page date
►M1Commission Decision 2003/534/EC of 17 July 2003 L 184 35 23.7.2003
►M2Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 29 September 2003L 284 1 31.10.2003
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DECISION NO 2119/98/EC OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
of 24 September 1998
setting up a network for the epidemiological surveillance and
control of communicable diseases in the Community
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 129 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social
Committee (2),
Having regard to the opinion of the Committee of the Regions (3),
Acting in accordance withth e procedure laid down in Article 189b of
the Treaty (4), in the light of the joint text approved by the Conciliation
Committee on 27 May 1998,
(1)Whereas the prevention of disease, in particular of the majorhealth scourges, is a priority for Community action, requiring a
global approachcoordinated between Member States;
(2)Whereas the European Parliament, in its resolution on public
health policy after Maastricht (5), invited the Commission to set
up a transfrontier network to devise working definitions of noti-
fiable diseases, to collect, update, analyse and disseminate
Member States data on suchdiseases and to work withnationaland international agencies on these matters;
(3)Whereas in its resolution of 2 June 1994 (6) on the framework
for Community action in the field of public health the Council
agreed that priority should be given at present to communicable
diseases in particular;
(4)Whereas in its conclusions of 13 December 1993 (7) the Council
considered that there was a need to develop at Community level
a network for the surveillance and control of communicable
diseases, the main purpose of which would be to collect andcoordinate information from monitoring networks in the MemberStates;
(5)Whereas in those same conclusions the Council requested the
Commission to devote special attention, in its proposals relating
to the framework for action in the field of public health, tosetting up an epidemiological network in the Community, takingaccount of the current proceedings and mechanisms existing atCommunity and at Member State level, and ensuring the
comparability and compatibility of data;
(6)Whereas in their resolution of 13 November 1992 on the moni-
toring and surveillance of communicable diseases (8) the Council
and the Ministers for Health, meeting within the Council, under-lined the desirability of improving, within the Community, the1998D2119 — EN — 20.11.2003 — 002.001 — 2
(1) OJ C 123, 26. 4. 1996, p. 10 and
OJ C 103, 2. 4. 1997, p. 11.
(2) OJ C 30, 30. 1. 1997, p. 1.
(3) OJ C 337, 11. 11. 1996, p. 67.
(4) Opinion of the European Parliament of 13 November 1996 (OJ C 362, 2. 12.
1996, p. 111), Council Common Position of 22 July 1997 (OJ C 284, 19. 9.
1997, p. 10) and Decision of the European Parliament of 14 January 1998
(OJ C 34, 2. 2. 98, p. 70). Decision of the European Parliament of 15 July1998 (OJ C 292, 21. 9. 1998). Council Decision of 20 July 1998.
(
5) OJ C 329, 6. 12. 1993, p. 375.
(6) OJ C 165, 17. 6. 1994, p. 1.
(7) OJ C 15, 18. 1. 1994, p. 6.
(8) OJ C 326, 11. 12. 1992, p. 1.
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coverage and effectiveness of existing networks between
Member States for the surveillance of communicable diseases(including data-processing networks), and also the desirability
of maintaining, establishing or strengthening coordination
between them for monitoring outbreaks of communicablediseases, where such action could add to the value of existingmeasures;
(7)Whereas in that same resolution, the Council and the Ministersfor Health, meeting within the Council, underlined the value ofcollecting data from the Member States on a limited number ofrare and serious diseases which require large samples for epide-
miological study;
(8)Whereas in that same resolution the Council and the Ministers
for Health, meeting within the Council, invited the Commission
to examine the desirability of giving priority to certain suitable
proposals relating to the control and surveillance of communic-able diseases, in the light, inter alia , of their estimated cost-
effectiveness;
(9)Whereas, in accordance with the principle of subsidiarity, anynew measure taken in an area which does not fall within theexclusive competence of the Community, such as the epidemio-logical surveillance and control of communicable diseases, maybe taken by the Community only if, by reason of the scale or
effects of the proposed action, the objectives of the proposed
action can be better achieved by the Community than by theMember States;
(10)Whereas the varying levels and needs of epidemiological surveil-lance of communicable diseases in the Member States make itnecessary to establisha permanent network at Community level;
(11)Whereas measures to be taken in the health field must take intoaccount other actions undertaken by the Community in the fieldof public health or which have an impact on public health;
(12)Whereas the measures to be taken under this Decision areadopted excluding any harmonisation of the laws and regulationsof the Member States;
(13)Whereas Decision 647/96/EC of the European Parliament and ofthe Council of 29 March 1996 adopting a programme ofCommunity action on the prevention of AIDS and certain othercommunicable diseases within the framework for action in thefield of public health (1996 to 2000)(
1) envisages a number of
Community actions for the creation and development of
networks for the control and surveillance of certain communic-
able diseases, the early detection of such diseases, andpromotion of the training of field epidemiologists;
(14)Whereas cooperation with the competent international organisa-tions, particularly the World Health Organisation, notably withregard to disease classification, must be fostered, as well as theuse of appropriate language and technology;
(15)Whereas cooperation with non-member countries, in particular inthe case of the appearance or resurgence of serious communic-able diseases, must be supported;
(16)Whereas the recent appearance or resurgence of serious commu-nicable diseases has demonstrated that when an emergencysituation occurs all necessary information and data gathered inaccordance withan agreed meth odology must be communicatedswiftly to the Commission;
(17)Whereas, in order to ensure protection of the population in anemergency, Member States must exchange relevant data andinformation immediately via the Community network; whereas1998D2119 — EN — 20.11.2003 — 002.001 — 3
(1) OJ L 95, 16. 4. 1996, p. 16.
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priority must be given at all times to the protection of public
health;
(18)Whereas Council Directive 92/117/EEC of 17 December 1992concerning measures for protection against specified zoonosesand specified zoonotic agents in animals and products of animalorigin in order to prevent outbreaks of food-borne infections andintoxications (
1) applies equally to information concerning
zoonoses which affect human beings; whereas that same Direc-
tive provides for a system for collecting and transmittinginformation on specified zoonoses and zoonotic agents;
(19)Whereas the setting-up of a network for the epidemiological
surveillance and control of communicable diseases at Commu-
nity level necessarily presupposes compliance withth e legalprovisions concerning the protection of individuals with regardto the processing of personal data and the introduction ofarrangements to guarantee the confidentiality and security ofsuch data; whereas in this connection the European Parliament
and the Council adopted Directive 95/46/EC (
2);
(20)Whereas the Community projects in the field of the telematic
interchange of data between administrations (IDA)(3) and the
G7 projects should be closely coordinated with the implementa-
tion of the Community actions relating to the epidemiological
surveillance and control of communicable diseases;
(21)Whereas consideration must be given to the efforts deployedwitha view to encouraging international cooperation in th isfield, particularly as part of a joint plan of action withth e United
States;
(22)Whereas it is important, in an emergency situation, that the
competent national structures and/or authorities shouldstrengthen their cooperation, in particular with regard to the
identification of biological samples;
(23)Whereas any Community procedures which may be set up for
the rapid exchange of information do not affect the MemberStates' rights and obligations under bilateral or multilateralagreements and conventions;
(24)Whereas a procedure needs to be established to promote coordi-nation between the Member States concerning the measures theymay decide to take to control the spread of communicablediseases; whereas the adoption and implementation of these
measures fall within the exclusive competence of the Member
States;
(25)Whereas it is important that the Commission should implementthe Community network in close cooperation with the MemberStates; whereas a procedure therefore needs to be established to
ensure the Member States' full participation in this implementa-
tion;
(26)Whereas the costs which may result from the operation of thenetwork at Community level should be met from Community
resources and/or from relevant Community programmes;
(27)Whereas the costs which may result from the operation of the
network at national level will have to be financed by theMember States themselves, unless Community provisionsprovide otherwise;1998D2119 — EN — 20.11.2003 — 002.001 — 4
(1) OJ L 62, 15. 3. 1993, p. 38.
(2) OJ L 281, 23. 11. 1995, p. 31.
(3) OJ L 269, 11. 11. 1995, p. 23.
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(28)Whereas a modus vivendi between the European Parliament, the
Council and the Commission concerning the implementing
measures for acts adopted in accordance withth e procedure laiddown in Article 189b of the Treaty (
1) was concluded on 20
December 1994,
HAVE ADOPTED THIS DECISION:
Article 1
The objective of this Decision is to set up a network at Community
level to promote cooperation and coordination between the Member
States, with the assistance of the Commission, with a view toimproving the prevention and control, in the Community, of the cate-gories of communicable diseases specified in the Annex. This networkshall be used for:
— the epidemiological surveillance of these diseases, and
— an early warning and response system for the prevention and
control of these diseases.
As regards epidemiological surveillance, the network shall be estab-
lished by bringing into permanent communication with one another,
through all appropriate technical means, the Commission and thosestructures and/or authorities which, at the level of each Member Stateand under the responsibility of that Member State, are competent atnational level and are charged with collecting information relating tothe epidemiological surveillance of communicable diseases, and by
establishing procedures for the dissemination of the relevant surveil-
lance data at Community level.
As regards the early warning and response system, this network shall
be formed by bringing into permanent communication withoneanother, through appropriate means, the Commission and the competentpublic health authorities in each Member State responsible for deter-mining the measures which may be required to protect public health.
The Commission shall provide for the coordination of the network in
collaboration withth e Member States.
Article 2
For the purpose of this Decision, the following terms shall have the
following meanings:
1. ‘epidemiological surveillance’: the ongoing systematic collection,
analysis, interpretation and dissemination of health data, includingepidemiological studies, concerning the categories of communicable
diseases set out in the Annex, in particular relating to the pattern of
spread of suchdiseases over time and space and analysis of th e riskfactors for contracting suchdiseases, for th e purpose of enablingappropriate preventive measures and counter-measures to be taken;
2. ‘prevention and control of communicable diseases’: the range of
measures, including epidemiological investigations, taken by the
competent public health authorities in the Member States to preventand stop the spread of communicable diseases;
3. ‘Community network’: network for the epidemiological surveillance
and control of communicable diseases, namely the system by which
the necessary information for carrying out the activities referred to
in points 1 and 2 is exchanged.
Article 3
With a view to the effective operation of the Community network with
regard to epidemiological surveillance and to achieving uniform infor-1998D2119 — EN — 20.11.2003 — 002.001 — 5
(1) OJ C 102, 4. 4. 1996, p. 1.
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mation within this framework, the following shall be determined in
accordance withth e procedure laid down in Article 7:
(a) the communicable diseases to be progressively covered by the
Community network;
(b) the criteria for selection of these diseases, having regard to the
categories set out in the Annex and the existing collaborativenetworks for disease surveillance that can be built on;
(c) case definitions, in particular clinical and microbiological charac-
teristics;
(d) the nature and type of data and information to be collected and
transmitted by the structures and/or authorities referred to in the
second paragraphof Article 1 in th e field of epidemiological
surveillance and the ways in which such data are to be madecomparable and compatible;
(e) epidemiological and microbiological surveillance methods;
(f) guidelines on the protective measures to be taken, in particular at
external frontiers of the Member States, notably in emergencysituations;
(g) guidelines on information and guides to good practice for the
public;
(h) the appropriate technical means and the procedures by which the
data will be disseminated and analysed at Community level.
Article 4
Each structure and/or authority referred to in the second paragraph or
in the third paragraph, whichever is appropriate of Article 1 shallcommunicate to the Community network:
(a) information regarding the appearance or resurgence of cases of
communicable diseases as referred to in Article 3(a) in the Member
State to which the structure and/or authority belongs, together with
information on control measures applied;
(b) any relevant information concerning the progression of epidemic
situations for which it has responsibility for information collection;
(c) information on unusual epidemic phenomena or new communicable
diseases of unknown origin;
(d) any relevant information in its possession:
— on cases of communicable diseases covered by the categories
set out in the Annex,
— on new communicable diseases of unknown origin in non-
member countries;
(e) information concerning existing and proposed mechanisms and
procedures for the prevention and control of communicable
diseases, in particular in emergency situations;
(f) any relevant considerations which could help Member States to
coordinate their efforts for the prevention and control of commu-nicable diseases, including any counter-measures implemented.
Article 5
The Commission shall make available the information referred to in
Article 3 to all the structures and authorities referred to in Article 1.Each structure/authority shall ensure that the information which they
communicate to the network, pursuant to Article 4, is promptly
forwarded to all other participating structures/authorities and theCommission.
Article 6
1. Member States shall, on the basis of the information available
through the Community network, consult each other in liaison withthe Commission with a view to coordinating their efforts for theprevention and control of communicable diseases.1998D2119 — EN — 20.11.2003 — 002.001 — 6
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2. Where a Member State intends to adopt measures for the control
of communicable diseases, it shall, before adopting those measures,inform the other Member States and the Commission on the nature
and scope of those measures, through the Community network. The
Member State in question shall also consult other Member States andthe Commission through the Community network on the nature andscope of intended measures unless the need to protect public health isso urgent that consultation proves impossible.
3. Where a Member State has to adopt, as a matter of urgency,
control measures in response to the appearance or resurgence ofcommunicable diseases, it shall, as soon as possible, inform through
the Community network the other Member States and the Commission.
In duly justified specific cases, appropriate prevention and protection
measures, adopted by mutual agreement among Member States inconjunction with the Commission, may be taken by the Member States
which so desire.
4. Member States shall, on the basis of their consultations and the
information provided, coordinate among themselves in liaison with the
Commission with regard to the measures which they have adopted, or
intend to adopt at national level.
5. Procedures concerning the information and consultation referred
to in paragraphs 1, 2 and 3 and procedures concerning the coordination
referred to in paragraphs 1 and 4 shall be established in accordancewithth e procedure laid down in Article 7.
Article 7
1. For the purposes of implementing this Decision, the Commission
shall be assisted by a committee.
2. Articles 5 and 7 of Decision 1999/468/EC (
1) shall apply, having
regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its rules of procedure.
Article 8
The Annex may be amended or supplemented in accordance with the
procedure laid down in Article 7.
Article 9
Each Member State shall designate, within six months of the entry into
force of this Decision, the structures and/or authorities referred to inthe second and third paragraphs of Article 1 and shall notify theCommission and the other Member States thereof. The structures and/
or authorities which have been so designated shall be described in
public by the Member States as forming part of the Communitynetwork established by this Decision.
Article 10
For the purposes of this Decision, the competent authorities of the
Member States and the Commission shall foster cooperation with non-member countries and international organisations competent in the fieldof public health, in particular the World Health Organisation.1998D2119 — EN — 20.11.2003 — 002.001 — 7
(1) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission (OJ
L 184, 17.7.1999, p. 23).▼M2
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Article 11
This Decision shall apply without prejudice to Directives 92/117/EEC
and 95/46/EC.
Article 12
1. This Decision shall not affect the right of the Member States to
maintain or introduce other arrangements, procedures and measures
for their national systems for the epidemiological surveillance and
control of communicable diseases.
2. This Decision shall not affect Member States' rights and obliga-
tions deriving from existing or future bilateral or multilateralagreements or conventions in the field covered by this Decision.
Article 13
The Commission, with the help of the Member States, shall ensure that
there is consistency and complementarity between this Decision andthe relevant Community programmes and initiatives, including those
in the context of public health action as well as, in particular, the
framework programme for statistical information, projects in the fieldof telematic interchange of data between administrations and the frame-work programme for researchand tech nological development,especially the telematics applications of the latter programme.
Article 14
1. The Commission shall submit regular reports evaluating the
operation of the Community network to the European Parliament andthe Council.
2. The first report, which shall be submitted within three years after
the entry into force of this Decision shall, in particular, identify those
elements of the Community network which should be improved oradapted. It shall also include any proposal that the Commissionconsiders necessary for the amendment or adaptation of this Decision.
3. The Commission shall conduct an evaluation of the Community
network every five years thereafter, paying particular attention to its
structural capacity and effective use of resources, and shall submit a
report to the European Parliament and the Council.
Article 15
This Decision shall enter into force on 3 January 1999.
Article 16
This Decision is addressed to the Member States.1998D2119 — EN — 20.11.2003 — 002.001 — 8
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ANNEX
LIST INDICATING CATEGORIES OF COMMUNICABLE DISEASES
— Diseases preventable by vaccination
— Sexually-transmitted diseases
— Viral hepatitis
— Food-borne diseases— Water-borne diseases and diseases of environmental origin— Nosocomial infections— Other diseases transmissible by non-conventional agents (including Creutz-
feldt-Jakob's disease)
— Diseases covered by the international health regulations (yellow fever,
cholera and plague)
— Other diseases (rabies, typhus, viral haemorrhagic fevers, malaria and any
other as yet unclassified serious epidemic disease, including diseases that
are caused by agents specifically engineered for the purpose of maximising
morbidity and/or mortality upon deliberate release, etc.).1998D2119 — EN — 20.11.2003 — 002.001 — 9
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