FantasticSearch

1. For the sole purpose of the provision of medical care or treatment, in particular concerning vulnerable persons, including disabled persons, elderly people, pregnant women, minors and persons who have been subject to torture, rape or other serious forms of psychological, physical or sexual violence, the transferring Member State shall, in so far as it is available to its competent authority in accordance with national law, transmit to the Member State responsible information on any special needs of the person to be transferred, which in specific cases can include information on that person’s physical or mental health. That information shall be transferred in a common health certificate with the necessary documents attached. The Member State responsible shall ensure that those special needs are adequately addressed, including in particular any essential medical care required. The Commission shall, by means of implementing acts, draw up the common health certificate referred to in the first subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 77(2).

2. The transferring Member State shall transmit the information referred to in paragraph 1 to the Member State responsible only after having obtained the explicit consent of the applicant or of his or her representative or when such transmission is necessary to protect public health or public security, or, where the person concerned is physically or legally incapable of giving his or her consent, to protect the vital interests of the person concerned or of another person. The lack of consent, including a refusal to consent, shall not constitute an obstacle to the transfer.

3. The processing of personal health data referred to in paragraph 1 shall be carried out only by a health professional who is subject, under national law, to the obligation of professional secrecy or by another person subject to an equivalent obligation of professional secrecy.

4. The exchange of information under this Article shall take place only between health professionals or other persons referred to in paragraph 3. The information exchanged shall be used only for the purposes set out in paragraph 1 and shall not be further processed.

5. The Commission shall, by means of implementing acts, establish uniform methods and practical arrangements for exchanging the information referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 77(2).

6. Article 51(8) and (9) shall apply to the exchange of information pursuant to this Article.