Council Decision
of 19 March 2001
adopting the Council's security regulations
(2001/264/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community and in particular Article 207(3) thereof,
Having regard to Council Decision 2000/396/EC, ECSC, Euratom of 5 June 2000 adopting the Councils Rules of Procedure(1), and in particular Article 24 thereof,
Whereas:
(1) In order to develop Council activities in areas which require a degree of confidentiality, it is appropriate to establish a comprehensive security system covering the Council, its General Secretariat and the Member States.
(2) Such system should combine in a single text the subject matter covered by all previous decisions and provisions in the same field.
(3) In practice, the major part of EU information classified CONFIDENTIEL UE and above will concern the Common Security and Defence Policy.
(4) In order to safeguard the effectiveness of the security system thus established, Member States should be associated with its functioning by taking national measures necessary to respect the provisions of this Decision where their competent authorities and servants handle EU classified information.
(5) The Council welcomes the intention of the Commission to introduce, by the date of application of this Decision, a comprehensive system that is in line with the Annexes thereto, with a view to ensuring a smooth functioning of the decision-making process of the Union.
(6) The Council underlines the importance of associating, where appropriate, the European Parliament and the Commission with the rules and standards of confidentiality which are necessary in order to protect the interests of the Union and its Member States.
(7) This Decision is taken without prejudice to Article 255 of the Treaty and to instruments implementing it.
(8) This Decision is taken without prejudice to existing practices in Member States with regard to informing their national Parliaments on the activities of the Union,
HAS DECIDED AS FOLLOWS:
Article 1
The Council's security regulations contained in the Annex are hereby approved.
Article 2
1. The Secretary-General/High Representative shall take appropriate measures to ensure that, when handling EU classified information, the regulations referred to in Article 1 are respected within the General Secretariat of the Council (hereinafter referred to as "GSC") by GSC officials and other servants, by GSC external contractors, and by personnel seconded to the GSC, as well as within Council premises and EU decentralised agencies(2).
2. Members States shall take appropriate measures, in accordance with national arrangements, to ensure that, when EU classified information is handled, the regulations referred to in Article 1 are respected, within their services and premises by:
(a) members of Member States' permanent representations to the European Union as well as by members of national delegations attending meetings of the Council or of its bodies, or participating in other Council activities;
(b) other members of the Member States' national administrations handling EU classified information, whether they serve in the territory of the Member States or abroad; and
(c) Member States' external contractors and seconded personnel, handling EU classified information.
Member States shall forthwith inform the GSC of the measures taken.
3. The measures referred to in paragraphs 1 and 2 shall be taken before 30 November 2001.
Article 3
In keeping with the basic principles and minimum standards of security contained in part I of the Annex, the Secretary-General/High Representative may take measures in accordance with part II, Section I(1) and (2), of the Annex.
Article 4
As from the day of its application, this Decision shall replace:
(a) Council Decision 98/319/EC of 27 April 1998 relating to the procedures whereby officials and employees of the General Secretariat of the Council may be allowed access to classified information held by the Council(3);
(b) Decision of the Secretary-General/High Representative of 27 July 2000 on measures for the protection of classified information applicable to the General Secretariat of the Council(4);
(c) Decision 433/97 of the Secretary-General of the Council of 22 May 1997 on the Security Clearance procedure of the officials responsible for the functioning of the Cortesy network.
Article 5
1. This Decision shall take effect on the day of its publication.
2. It shall apply from 1 December 2001.
Done at Brussels, 19 March 2001.