2000Q3614 — EN — 27.07.2004 — 005.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B RULES OF PROCEDURE OF THE COMMISSION (C(2000) 3614) (OJ L 308, 8.12.2000, p.26)

Amended by:









▼B

RULES OF PROCEDURE OF THE COMMISSION

(C(2000) 3614)







THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 16 thereof, Having regard to the Treaty establishing the European Community, and in particular Article 218(2) thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular, Article 131 thereof, Having regard to the Treaty on European Union, and in particular Articles 28(1) and 41(1) thereof, HAS ADOPTED THESE RULES OF PROCEDURE:







CHAPTER I

THE COMMISSION

Article 1

The Commission shall act collectively in accordance with these Rules and in compliance with the political guidelines laid down by the President.

Article 2

In compliance with the political guidelines laid down by the President, the Commission shall establish its priorities and each year adopt its work programme.

Article 3

The President may assign to Members of the Commission special fields of activity with regard to which they are specifically responsible for the preparation of Commission work and the implementation of its decisions. He may also change these assignments at any time.

The President may set up working groups of Members of the Commission, whose chairpersons he will designate.

The President shall represent the Commission. He shall designate the Members of the Commission to assist him in this task.

Article 4

Commission decisions shall be taken:

(a) at meetings; or

(b) by written procedure in accordance with Article 12; or

(c) by empowerment in accordance with Article 13; or

(d) by delegation in accordance with Article 14.







Section I

Commission meetings

Article 5

Meetings of the Commission shall be convened by the President.

The Commission shall, as a general rule, meet at least once a week. It shall hold additional meetings whenever necessary.

Members of the Commission shall be required to attend all meetings. The President shall judge whether Members may be released from this requirement in certain circumstances.

Article 6

The President shall adopt the agenda of each meeting, taking into account in particular the work programme provided for in Article 2.

Without prejudice to the prerogative of the President to adopt the agenda, any proposal involving significant expenditure must be presented in agreement with the Member of the Commission responsible for the budget.

If a Member of the Commission proposes the inclusion of an item on the agenda, the President shall, save in exceptional circumstances, be given nine days' notice.

The agenda and the necessary working documents shall be circulated to the Members of the Commission within the time limit and in the working languages prescribed by the Commission in accordance with Article 25.

Where a Member of the Commission requests that an item be withdrawn from the agenda, the item shall, provided the President agrees, be held over for the next meeting.

The Commission may, on a proposal from the President, discuss any question which is not on the agenda or for which the necessary working documents have been distributed late. It may decide by majority vote not to discuss an item on the agenda.

Article 7

The number of Members present required to constitute a quorum shall be equal to a majority of the number of Members specified in the Treaty.

Article 8

The Commission shall take decisions on the basis of proposals from one or more of its Members.

A vote shall be taken if any Member so requests. The vote may be on a proposal as originally made or as amended by the Member or Members responsible or by the President.

Commission decisions shall be adopted if a majority of the number of Members specified in the Treaty vote in favour. This majority shall be required irrespective of the tenor and nature of the decision.

Article 9

Meetings of the Commission shall not be public. Discussions shall be confidential.

Article 10

Save as otherwise decided by the Commission, the Secretary-General shall attend meetings. Attendance of other persons shall be determined in accordance with the rules to give effect to these Rules of Procedure.

In the absence of a Member of the Commission, his Chef de cabinet may attend the meeting and, at the invitation of the President, state the views of the absent Member.

The Commission may decide to hear any other person.

Article 11

Minutes shall be taken of all meetings of the Commission.

The draft minutes shall be submitted to the Commission for approval at a subsequent meeting. The approved minutes shall be authenticated by the signatures of the President and the Secretary-General.







Section II

Other decision-making procedures

Article 12

The agreement of the Commission to a proposal by one or more of its Members may be obtained by means of a written procedure, provided the Directorates-General directly involved are in agreement and the proposal has been endorsed by the Legal Service.

For this purpose, the text of the proposal shall be circulated in writing to all Members of the Commission in the languages prescribed by the Commission in accordance with Article 25, with a time limit within which Members must make known any reservations or amendments they wish to make.

Any Member of the Commission may, in the course of the written procedure, request that the proposal be discussed. He shall send a reasoned request to that effect to the President.

A proposal on which no Member of the Commission has made a reservation and maintained it up to the time limit set for a written procedure shall stand adopted by the Commission. Proposals adopted shall be recorded in a day note which shall be recorded in the minutes of the next meeting.

Article 13

The Commission may, provided the principle of collective responsibility is fully respected, empower one or more of its Members to take management or administrative measures on its behalf and subject to such restrictions and conditions as it shall impose.

The Commission may also instruct one or more of its Members, with the agreement of the President, to adopt the definitive text of any instrument or of any proposal to be presented to the other institutions the substance of which has already been determined in discussion.

Powers conferred in this way may be subdelegated to the Directors-General and Heads of Service unless this is expressly prohibited in the empowering decision.

The provisions of the first, second and third paragraphs shall be without prejudice to the rules concerning delegation in respect of financial matters or the powers conferred on the appointing authority and the authority empowered to conclude contracts of employment.

Article 14

The Commission may, provided the principle of collective responsibility is fully respected, delegate the adoption of management or administrative measures to the Directors-General and Heads of Service, acting on its behalf and subject to such restrictions and conditions as it shall impose.

Article 15

Decisions adopted by empowerment procedure or delegation procedure shall be recorded in a day note which shall be recorded in the minutes of the next Commission meeting.







Section III

Preparation and implementation of Commission decisions

Article 16

Members of the Commission may each appoint personal staff to assist them in their work and in preparing Commission decisions.

A member of the Commission to whom an area of responsibility is assigned shall give instructions to the relevant departments.

Article 17

The Secretary-General shall assist the President in preparing the proceedings and meetings of the Commission. He shall also assist the chairperson of the working groups set up under the second paragraph of Article 3.

He shall ensure that decision-making procedures are properly implemented and that effect is given to the decisions referred to in Article 4.

He shall ensure the necessary coordination between departments in the preparatory stages and shall see that the rules for submission of documents are complied with.

He shall take the necessary steps to ensure that Commission instruments are officially notified to those concerned and are published in the Official Journal of the European Communities and that documents of the Commission and its departments are transmitted to the other institutions of the European Communities.

He shall be responsible for official relations with the other institutions of the European Communities, subject to any decisions by the Commission to exercise any function itself or to assign it to its Members or departments. He shall monitor the proceedings of the other institutions of the European Communities and keep the Commission informed.

Article 18

Instruments adopted by the Commission in the course of a meeting shall be attached, in the authentic language or languages, in such a way that they cannot be separated, to a summary note prepared at the end of the meeting at which they were adopted. They shall be authenticated by the signatures of the President and the Secretary-General on the last page of the summary note.

Instruments adopted by written procedure shall be attached in the authentic language or languages, in such a way that they cannot be separated, to the day note referred to in Article 12. These instruments shall be authenticated by the signature of the Secretary-General on the last page of the day note.

Instruments adopted by empowerment procedure shall be attached in the authentic language or languages, in such a way that they cannot be separated, to the day note referred to in Article 15. They shall be authenticated by the signature of the Secretary-General on the last page of the day note.

Instruments adopted by delegation procedure, or by subdelegation in accordance with the third paragraph of Article 13, shall be attached in the authentic language or languages, in such a way that they cannot be separated, to the day note referred to in Article 15. They shall be authenticated by a certifying statement signed by the Director-General or Head of Service.

For the purposes of these Rules, ‘instruments’ means any instrument as referred to in Article 14 of the ECSC Treaty, Article 249 of the EC Treaty and Article 161 of the Euratom Treaty.

For the purposes of these Rules, ‘authentic language or languages’ means the official languages of the Communities in the case of instruments of general application and the language or languages of those to whom they are addressed in other cases.







CHAPTER II

COMMISSION DEPARTMENTS

Article 19

A number of Directorates-General and equivalent departments forming a single administrative service shall assist the Commission in the performance of its tasks.

The Directorates-General and equivalent departments shall normally be divided into directorates, and directorates into units.

Article 20

The Commission may, in special cases, set up specific structures to deal with particular matters and shall determine their responsibilities and method of operation.

Article 21

In order to ensure the effectiveness of Commission action, departments shall work in close cooperation and in coordinated fashion in the preparation or implementation of Commission decisions.

Before submitting a document to the Commission, the department responsible shall, in sufficient time, consult other departments which are associated or concerned by virtue of their powers or responsibilities or the nature of the subject, and shall inform the Secretariat-General where it is not consulted. The Legal Service shall be consulted on all drafts or proposals for legal instruments and on all documents which may have legal implications. The Directorates-General responsible for the budget, personnel and administration shall be consulted on all documents which may have implications concerning the budget and finances or personnel and administration respectively. The Directorate-General responsible for financial control shall likewise be consulted, as need be.

The department responsible shall endeavour to frame a proposal that has the agreement of the departments consulted. In the event of a disagreement it shall append to its proposal the differing views expressed by these departments, without prejudice to Article 12.







CHAPTER III

DEPUTISING

Article 22

If the President is prevented from exercising his functions, they shall be exercised by one of the Vice-Presidents or Members chosen in the order laid down by the Commission.

Article 23

Where the Secretary-General is prevented from exercising his functions, they shall be exercised by the Deputy Secretary-General or, where this is not possible, by an official designated by the Commission.

Article 24

Where a Director-General is prevented from exercising his functions, they shall be exercised by the most senior Deputy Director-General present, and in the event of equal seniority, by the one who is eldest, or, where this position does not exist, by an official designated by the Commission. If no such replacement is designated, the most senior subordinate present in the highest category and grade shall deputise, and in the event of equal seniority, the one who is eldest.

A Deputy Head of Unit, where the position exists, shall deputise for the Head of Unit.

Where any other superior is prevented from exercising his duties, the Director-General shall designate an official in agreement with the Member of the Commission responsible. If no replacement is designated, the most senior subordinate present in the highest category and grade shall deputise, and in the event of equal seniority, the one who is eldest.







FINAL PROVISIONS

Article 25

The Commission shall, as necessary, lay down rules to give effect to these Rules of Procedure.

The Commission may adopt supplementary measures relating to the functioning of the Commission and of its departments, which shall be annexed to these Rules of Procedure.

Article 26

The Rules of Procedure of 18 September 1999, as amended by Decision 2000/633/EC, ECSC, Euratom, are repealed.

Article 27

These Rules of Procedure shall enter into force on 1 January 2001.

Article 28

These Rules of Procedure shall be published in the Official Journal of the European Communities.









ANNEX

CODE OF GOOD ADMINISTRATIVE BEHAVIOUR FOR STAFF OF THE EUROPEAN COMMISSION IN THEIR RELATIONS WITH THE PUBLIC

Quality service

The Commission and its staff have a duty to serve the Community interest and, in so doing, the public interest.

The public legitimately expects quality service and an administration that is open, accessible and properly run.

Quality service calls for the Commission and its staff to be courteous, objective and impartial.

Purpose

In order to enable the Commission to meet its obligations of good administrative behaviour and in particular in the dealings that the Commission has with the public, the Commission undertakes to observe the standards of good administrative behaviour set out in this Code and to be guided by these in its daily work.

Scope

The Code is binding on all staff covered by the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities (hereinafter referred to as the ‘Staff Regulations’) and the other provisions on relations between the Commission and its staff that are applicable to officials and other servants of the European Communities. However, persons employed under private law contracts, experts on secondment from national civil services and trainees, etc. working for the Commission should also be guided by it in their daily work.

Relations between the Commission and its staff are governed exclusively by the Staff Regulations.

1. GENERAL PRINCIPLES

The Commission respects the following general principles in its relations with the public:

Lawfulness The Commission acts in accordance with the law and applies the Rules and Procedures laid down in Community legislation.

Non-discrimination and equal treatment The Commission respects the principle of non-discrimination and in particular, guarantees equal treatment for members of the public irrespective of nationality, gender, racial or ethnic origin, religion or beliefs, disability, age or sexual orientation. Thus, differences in treatment of similar cases must be specifically warranted by the relevant features of the particular case in hand.

Proportionality The Commission ensures that the measures taken are proportional to the aim pursued. In particular, the Commission will ensure that the application of this Code never leads to the imposition of administrative or budgetary burdens out of proportion to the benefit expected.

Consistency The Commission shall be consistent in its administrative behaviour and shall follow its normal practice. Any exceptions to this principle must be duly justified.

2. GUIDELINES FOR GOOD ADMINISTRATIVE BEHAVIOUR

Objectivity and impartiality

Staff shall always act objectively and impartially, in the Community interest and for the public good. They shall act independently within the framework of the policy fixed by the Commission and their conduct shall never be guided by personal or national interest or political pressure.

Information on administrative procedures

Where a member of the public requires information relating to a Commission administrative procedure, staff shall ensure that this information is provided within the deadline fixed for the relevant procedure.

3. INFORMATION ON THE RIGHTS OF INTERESTED PARTIES

Listening to all parties with a direct interest

Where Community law provides that interested parties should be heard, staff shall ensure that an opportunity is given to them to make their views known.

Duty to justify decisions

A Commission decision should clearly state the reasons on which it is based and should be communicated to the persons and parties concerned.

As a general rule, full justification for decisions should be given. However, where it may not be possible, for example because of the large number of persons concerned by similar decisions, to communicate in detail the grounds of individual decisions, standard replies may be given. These standard replies should include the principal reasons justifying the decision taken. Furthermore, an interested party who expressly requests a detailed justification shall be provided with it.

Duty to state arrangements for appeals

Where Community law so provides, decisions notified shall clearly state that an appeal is possible and describe how to submit it, (the name and office address of the person or department with whom the appeal must be lodged and the deadline for lodging it).

Where appropriate, decisions should refer to the possibility of starting judicial proceedings and/or of lodging a complaint with the European Ombudsman in accordance with Article 230 or 195 of the Treaty establishing the European Community.

4. DEALING WITH INQUIRIES

The Commission undertakes to answer enquiries in the most appropriate manner and as quickly as possible.

Requests for documents

If a document has already been published, the person making the enquiry should be directed to the sales agents of the Office for Official Publications of the European Communities or to the documentation or information centres which provide free access to documents, such as Info-Points, European documentation centres, etc. Many documents are also easily accessible in electronic form.

The rules on access to documents are laid down in a specific measure.

Correspondence

In accordance with Article 21 of the Treaty establishing the European Community, the Commission shall reply to letters in the language of the initial letter, provided that it was written in one of the official languages of the Community.

A reply to a letter addressed to the Commission shall be sent within 15 working days from the date of receipt of the letter by the responsible Commission department. The reply should identify the person responsible for the matter and state how he or she may be contacted.

If a reply cannot be sent within 15 working days, and in all cases where the reply requires other work on it, such as interdepartmental consultation or translation, the member of staff responsible should send a holding reply, indicating a date by which the addressee may expect to be sent a reply in the light of this additional work, taking into account the relative urgency and complexity of the matter.

If the reply is to be drawn up by a department other than the one to which the initial correspondence is addressed, the person making the enquiry should be informed of the name and office address of the person to whom the letter has been passed.

These rules do not apply to correspondence which can reasonably be regarded as improper, for example because it is repetitive, abusive and/or pointless. Then the Commission reserves the right to discontinue any such exchanges of correspondence.

Telephone communication

When answering the telephone, staff shall identify themselves or their department. They shall return telephone calls as promptly as possible.

Staff replying to enquiries shall provide information on subjects for which they have direct responsibility and should direct the caller to the specific appropriate source in other cases. If necessary, they should refer callers to their superior or consult him or her before giving the information.

Where enquiries concern areas for wich staff are directly responsible, they shall establish the identity of the caller and check whether the information has already been made public before giving it out. If this is not the case, the member of staff may consider that it is not in the Community interest for the information to be disclosed. In this case he or she should explain why they are unable to disclose it and refer in appropriate cases to the obligation to exercise discretion as laid down in Article 17 of the Staff Regulations.

When appropriate, staff should request confirmation in writing of the enquiries made by telephone.

Electronic mail

Staff shall reply to e-mail messages promptly following the guidelines described in the section on telephone communication.

However, where the e-mail message is, by its nature, the equivalent of a letter, it shall be handled according to the guidelines for handling correspondence and shall be subject to the same deadlines.

Requests from the media

The Press and Communication Service is responsible for contacts with the media. However, when requests for information from the media concern technical subjects falling within their specific areas of responsibility, staff may answer them.

5. PROTECTION OF PERSONAL DATA AND CONFIDENTIAL INFORMATION

The Commission and its staff shall respect, in particular:

— the rules on the protection of personal privacy and personal data,

— the obligations set out in Article 287 of the Treaty establishing the European Community and in particular those which relate to professional secrecy,

— the rules on secrecy in criminal investigations,

— the confidentiality of matters falling within the ambit of the various committees and bodies provided for in Article 9 of and Annexes II and III to the Staff Regulations.

6. COMPLAINTS

The European Commission

Complaints may be lodged concerning a possible breach of the principles set out in this Code directly with the Secretariat-General ( 1 ) of the European Commission, which shall forward it to the relevant department.

The Director-General or head of Department shall reply to the complainant in writing, within two months. The complainant then has one month in which to apply to the Secretary-General of the European Commission to review the outcome of the complaint. The Secretary-General shall reply to the request for a review within one month.

The European Ombudsman

Complaints may also be lodged with the European Ombudsman in accordance with Article 195 of the Treaty establishing the European Community and the Statute of the European Ombudsman.

▼M1

COMMISSION PROVISIONS ON SECURITY

Whereas:

(1) In order to develop Commission activities in areas which require a degree of confidentiality, it is appropriate to establish a comprehensive security system applicable to the Commission, the other institutions, bodies, offices and agencies established by virtue or on the basis of the EC Treaty or the Treaty on European Union, the Member States, as well as any other recipient of European Union classified information, hereafter referred to as ‘EU classified information’.

(2) In order to safeguard the effectiveness of the security system thus established, the Commission will make EU classified information available only to those outside bodies which offer guarantees that they have taken all measures necessary to apply rules strictly equivalent to these provisions.

(3) These provisions are taken without prejudice to Regulation No 3 of 31 July 1958 implementing Article 24 of the Treaty establishing the European Atomic Energy Community ( 2 ), to Council Regulation (EC) No 1588/90 of 11 June 1990 on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities ( 3 ) and to Commission Decision C (95) 1510 final of 23 November 1995 on the protection of informatics systems.

(4) The Commission's security system is based on the principles put forward in Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations ( 4 ) with a view to ensuring a smooth functioning of the decision-making process of the Union.

(5) The Commission underlines the importance of associating, where appropriate, the other institutions with the rules and standards of confidentiality which are necessary in order to protect the interests of the Union and its Member States.

(6) The Commission recognises the need to create its own concept of security, taking into consideration all elements of security and the specific character of the Commission as an institution.

(7) These provisions are taken without prejudice to Article 255 of the Treaty and to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents ( 5 );







Article 1

The Commission's rules on security are set out in the Annex.

Article 2

1. The Member of the Commission responsible for security matters shall take appropriate measures to ensure that, when handling EU classified information, the rules referred to in Article 1 are respected within the Commission by Commission officials and other servants, by personnel seconded to the Commission, as well as within all Commission premises, including its Representations and Offices in the Union and its Delegations in third countries and by contractors external to the Commission.

2. Member States, other institutions, bodies, offices and agencies established by virtue or on the basis of the Treaties shall be allowed to receive EU classified information on the condition that they ensure that, when EU classified information is handled, rules strictly equivalent to those referred to in Article 1 are respected within their services and premises, in particular by:

(a) members of Member States' permanent representations to the European Union as well as by members of national delegations attending meetings of the Commission or of its bodies, or participating in other Commission 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,

(c) external contractors and seconded personnel, handling EU classified information.

Article 3

Third states, international organisations and other bodies shall be allowed to receive EU classified information on the condition that they ensure that, when such information is handled, rules strictly equivalent to those referred to in Article 1 are respected.

Article 4

In keeping with the basic principles and minimum standards of security contained in Part I of the Annex, the Member of the Commission responsible for security matters may take measures in accordance with Part II of the Annex.

Article 5

As from the date of their application, these provisions shall replace:

(a) Commission Decision C (94) 3282 of 30 November 1994 on the security measures applicable to classified information produced or transmitted in connection with activities of the European Union;

(b) Commission Decision C (99) 423 of 25 February 1999 relating to the procedures whereby officials and other employees of the European Commission may be allowed access to classified information held by the Commission.

Article 6

As from the date of application of these provisions, all classified information held by the Commission until that date, with the exception of Euratom classified information, shall:

(a) if created by the Commission, be considered to be reclassified ‘EU RESTRICTED’ by default, unless its author decides to give it another classification by 31 January 2002. In such case the author shall inform all addressees of the document concerned;

(b) if created by authors outside the Commission, retain its original classification and thus be treated as EU classified information of the equivalent level, unless the author agrees to declassification or downgrading of the information.









ANNEX

RULES ON SECURITY

Contents PART I: BASIC PRINCIPLES AND MINIMUM STANDARDS OF SECURITY 1. INTRODUCTION 2. GENERAL PRINCIPLES 3. FOUNDATIONS OF SECURITY 4. PRINCIPLES OF INFORMATION SECURITY 4.1. Objectives 4.2. Definitions 4.3. Classification 4.4. Aims of security measures 5. ORGANISATION OF SECURITY 5.1. Common minimum standards 5.2. Organisation 6. SECURITY OF PERSONNEL 6.1. Clearance of personnel 6.2. Records of personnel clearances 6.3. Security instruction of personnel 6.4. Management responsibilities 6.5. Security status of personnel 7. PHYSICAL SECURITY 7.1. Need for protection 7.2. Checking 7.3. Security of buildings 7.4. Contingency plans 8. SECURITY OF INFORMATION 9. COUNTER-SABOTAGE AND CONTROL OF OTHER FORMS OF MALICIOUS WILFUL DAMAGE 10. RELEASE OF CLASSIFIED INFORMATION TO THIRD STATES OR INTERNATIONAL ORGANISATIONS PART II: THE ORGANISATION OF SECURITY IN THE COMMISSION 11. THE MEMBER OF THE COMMISSION RESPONSIBLE FOR SECURITY MATTERS 12. THE COMMISSION SECURITY POLICY ADVISORY GROUP 13. THE COMMISSION SECURITY BOARD 14. THE COMMISSION SECURITY OFFICE 15. SECURITY INSPECTIONS 16. CLASSIFICATIONS, SECURITY DESIGNATORS AND MARKINGS 16.1. Levels of classification 16.2. Security designators 16.3. Markings 16.4. Affixing of classification 16.5. Affixing of security designators 17. CLASSIFICATION MANAGEMENT 17.1. General 17.2. Application of classifications 17.3. Downgrading and declassification 18. PHYSICAL SECURITY 18.1. General 18.2. Security requirements 18.3. Physical security measures 18.3.1. Security areas 18.3.2. Administrative area 18.3.3. Entry and exit controls 18.3.4. Guard patrols 18.3.5. Security containers and strong rooms 18.3.6. Locks 18.3.7. Control of keys and combinations 18.3.8. Intrusion detection devices 18.3.9. Approved equipment 18.3.10. Physical protection of copying and telefax machines 18.4. Protection against overlooking and eavesdropping 18.4.1. Overlooking 18.4.2. Eavesdropping 18.4.3. Introduction of electronic and recording equipment 18.5. Technically secure areas 19. GENERAL RULES ON THE NEED TO KNOW PRINCIPLE AND EU PERSONAL SECURITY CLEARANCES 19.1. General 19.2. Specific rules on access to EU TOP SECRET information 19.3. Specific rules on access to EU SECRET and EU CONFIDENTIAL information 19.4. Specific rules on access to EU RESTRICTED information 19.5. Transfers 19.6. Special instructions 20. SECURITY CLEARANCE PROCEDURE FOR COMMISSION OFFICIALS AND OTHER EMPLOYEES 21. PREPARATION, DISTRIBUTION, TRANSMISSION, COURRIER PERSONAL SECURITY AND EXTRA COPIES OR TRANSLATIONS AND EXTRACTS OF EU CLASSIFIED DOCUMENTS 21.1. Preparation 21.2. Distribution 21.3. Transmission of EU classified documents 21.3.1. Packaging, receipts 21.3.2. Transmission within a building or group of buildings 21.3.3. Transmission within a country 21.3.4. Transmission from one State to another 21.3.5. Transmission of EU restricted documents 21.4. Courier personnel security 21.5. Electronic and other means of technical transmission 21.6. Extra copies and translations of and extracts from EU classified documents 22. EUCI REGISTRIES, MUSTERS, CHECKS, ARCHIVE STORAGE AND DESTRUCTION OF EUCI 22.1. Local EUCI Registries 22.2. The EU TOP SECRET Registry 22.2.1. General 22.2.2. The Central EU TOP SECRET Registry 22.2.3. EU TOP SECRET sub-registries 22.3. Inventories, musters and checks of EU classified documents 22.4. Archive storage of EU classified documents 22.5. Destruction of EU classified documents 22.6. Destruction in emergencies 23. SECURITY MEASURES FOR SPECIFIC MEETINGS HELD OUTSIDE THE COMMISSION PREMISES AND INVOLVING EU CLASSIFIED INFORMATION 23.1. General 23.2. Responsibilities 23.2.1. The Commission Security Office 23.2.2. Meeting Security Officer (MSO) 23.3 Security measures 23.3.1. Security areas 23.3.2. Passes 23.3.3. Control of photographic and audio equipment 23.3.4. Checking of briefcases, portable computers and packages 23.3.5. Technical security 23.3.6. Delegations' documents 23.3.7. Safe custody of documents 23.3.8. Inspection of offices 23.3.9. Disposal of EU classified waste 24. BREACHES OF SECURITY AND COMPROMISE OF EU CLASSIFIED INFORMATION 24.1. Definitions 24.2. Reporting breaches of security 24.3. Legal action 25. PROTECTION OF EU CLASSIFIED INFORMATION HANDLED IN INFORMATION TECHNOLOGY AND COMMUNICATION SYSTEMS 25.1. Introduction 25.1.1. General 25.1.2. Threats to, and vulnerabilities of systems 25.1.3. Main purpose of security measures 25.1.4. System-specific security requirement statement (SSRS) 25.1.5. Security modes of operation 25.2. Definitions 25.3. Security responsibilities 25.3.1. General 25.3.2. The Security accreditation authority (SAA) 25.3.3. The INFOSEC Authority (IA) 25.3.4. The Technical Systems Owner (TSO) 25.3.5. The Information Owner (IO) 25.3.6. Users 25.3.7. INFOSEC training 25.4. Non technical security measures 25.4.1. Personnel security 25.4.2. Physical security 25.4.3. Control of access to a system 25.5. Technical security measures 25.5.1. Security of information 25.5.2. Control and accountability of information 25.5.3. Handling and control of removable computer storage media 25.5.4. Declassification and destruction of computer storage media 25.5.5. Communications security 25.5.6. Installation and radiation security 25.6. Security during handling 25.6.1. Security operating procedures (SecOPs) 25.6.2. Software protection/configuration management 25.6.3. Checking for the presence of malicious software/computer viruses 25.6.4. Maintenance 25.7. Procurement 25.7.1. General 25.7.2. Accreditation 25.7.3. Evaluation and certification 25.7.4. Routine checking of security features for continued accreditation 25.8. Temporary or occasional use 25.8.1. Security of microcomputers/personal computers 25.8.2. Use of privately-owned IT equipment for official Commission work 25.8.3. Use of contractor-owned or nationally-supplied IT equipment for official Commission work 26. RELEASE OF EU CLASSIFIED INFORMATION TO THIRD STATES OR INTERNATIONAL ORGANISATIONS 26.1.1. Principles regulating the release of EU classified information 26.1.2. Levels 26.1.3. Security agreements APPENDIX 1: Comparison of national security classifications APPENDIX 2: Practical classification guide APPENDIX 3: Guidelines for the release of EU classified information to third States or international organisations: Level 1 cooperation APPENDIX 4: Guidelines for the release of EU classified information to third States or international organisations: Level 2 cooperation APPENDIX 5: Guidelines for the release of EU classified information to third States or international organisations: Level 3 cooperation APPENDIX 6: List of abbreviations

PART I: BASIC PRINCIPLES AND MINIMUM STANDARDS OF SECURITY

1. INTRODUCTION

These provisions lay down the basic principles and minimum standards of security to be respected in an appropriate manner by the Commission in all its places of employment, as well as by all recipients of EUCI, so that security is safeguarded and each may be assured that a common standard of protection is established.

2. GENERAL PRINCIPLES

The Commission's security policy forms an integral part of its general internal management policy and is thus based on the principles governing its general policy.

These principles include legality, transparency, accountability and subsidiarity (proportionality).

Legality indicates the need to stay strictly within the legal framework in executing security functions and the need to conform to the legal requirements. It also means that responsibilities in the domain of security have to be based on proper legal provisions. The provisions in the Staff Regulations fully apply, notably its Article 17 on the obligation of staff to exercise discretion with regard to Commission information and its Title VI on disciplinary measures. Finally it means that breaches of security within the responsibility of the Commission have to be dealt with in a manner consistent with Commission policy on disciplinary actions and with its policy on cooperation with Member States in the area of criminal justice.

Transparency indicates the need for clarity regarding all security rules and provisions, for balance between the different services and the different domains (physical security versus information protection etc.) and the need for a consistent and structured security awareness policy. It also defines a need for clear written guidelines for implementing security measures.

Accountability means that responsibilities in the domain of security will be clearly defined. Moreover it indicates the need to test regularly whether these responsibilities have been correctly executed.

Subsidiarity, or proportionality, means that security shall be organised on the lowest possible level and as close as possible to the Directorates General and services of the Commission. It also indicates that security activities shall be limited to only those elements that really need it. And finally it means that security measures shall be proportional to the interests to be protected and to the actual or potential threat to these interests, allowing for a defence which causes the least possible disruption.

3. FOUNDATIONS OF SECURITY

The foundations of sound security are:

(a) Within each Member State, a national security organisation responsible for: 1. The collection and recording of intelligence on espionage, sabotage, terrorism and other subversive activities, and 2. Providing information and advice to its governments, and through it, to the Commission, on the nature of the threats to security and the means of protection against them.

(b) Within each Member State, and within the Commission, a technical INFOSEC authority (IA) responsible for working with the security authority concerned to provide information and advice on technical threats to security and the means for protection against them;

(c) Regular collaboration among government departments and the appropriate services of the European institutions to order to establish and recommend, as appropriate: 1. What persons, information and resources need to be protected, and 2. Common standards of protection.

(d) Close cooperation between the Commission Security Office and the security services of the other European institutions and with the NATO Office of Security (NOS).

4. PRINCIPLES OF INFORMATION SECURITY

4.1. Objectives

Information security has the following principal objectives:

(a) To safeguard EU classified information (EUCI) from espionage, compromise or unauthorised disclosure;

(b) To safeguard EU information handled in communications and information systems and networks, against threats to its confidentiality, integrity and availability;

(c) To safeguard Commission premises housing EU information from sabotage and malicious wilful damage;

(d) In the event of failure, to assess the damage caused, limit its consequences and adopt the necessary remedial measures.

4.2. Definitions

Throughout these rules:

(a) The term ‘EU classified information’ (EUCI) means any information and material, an unauthorised disclosure of which could cause varying degrees of prejudice to EU interests, or to one or more of its Member States, whether such information originates within the EU or is received from Member States, third States or international organisations.

(b) The term ‘document’ means any letter, note, minute, report, memorandum, signal/message, sketch, photograph, slide, film, map, chart, plan, notebook, stencil, carbon, typewriter or printer ribbon, tape, cassette, computer disk, CD-ROM, or other physical medium on which information has been recorded.

(c) The term ‘material’ means ‘document’ as defined in b) and also any item of equipment, either manufactured or in the process of manufacture.

(d) The term ‘need to know’ means the need of an individual employee to have access to EU classified information in order to be able to perform a function or a task.

(e) ‘Authorisation’ means a decision by the President of the Commission to grant an individual access to EUCI up to a specific level, on the basis of a positive result of a security screening (vetting), carried out by a National Security Authority under national law.

(f) The term ‘classification’ means the allocation of an appropriate level of security to information the unauthorised disclosure of which might cause a certain degree of prejudice to Commission or to Member State interests.

(g) The term ‘downgrading’ (déclassement) means a reduction in the level of classification.

(h) The term ‘declassification’ (déclassification) means the removal of any classification.

(i) The term ‘originator’ means the duly authorised author of a classified document. Within the Commission, Heads of departements may authorize their staff to originate EUCI.

(j) The term ‘Commission departments’ means Commission departments and services, including the cabinets, in all places of employment, including Joint Research Centre, Representations and Offices in the Union and Delegations in third countries.

4.3. Classification

(a) Where confidentiality is concerned, care and experience are needed in the selection of information and material to be protected and the assessment of the degree of protection it requires. It is fundamental that the degree of protection should correspond to the security criticality of the individual piece of information and material to be protected. In order to ensure the smooth flow of information, steps shall be taken to avoid both overclassification and underclassification.

(b) The classification system is the instrument for giving effect to these principles; a similar system of classification shall be followed in planning and organising ways to counter espionage, sabotage, terrorism and other threats so that the greatest measure of protection is given to the most important premises housing classified information and to the most sensitive points within them.

(c) Responsibility for classifying information lies solely with the originator of that information.

(d) The level of classification may solely be based on the content of that information.

(e) Where a number of items of information is grouped together, the classification level to be applied to the whole shall at least be as high as the highest classification. A collection of information may however be given a higher classification than its constituent parts.

(f) Classifications shall be assigned only when necessary and for as long as necessary.

4.4. Aims of security measures

The security measures shall:

(a) Extend to all persons having access to classified information, classified information-carrying media, all premises containing such information and important installations.

(b) Be designed to detect persons whose position might endanger the security of classified information and important installations housing classified information and provide for their exclusion or removal.

(c) Prevent any unauthorised person from having access to classified information or to installations that contain it.

(d) Ensure that classified information is disseminated solely on the basis of the need-to-know principle that is fundamental to all aspects of security.

(e) Ensure the integrity (i.e. prevention of corruption or unauthorised alteration or unauthorised deletion) and the availability (i.e. access is not denied to those needing and authorised to have access) of all information, either classified or not classified, and especially of such information stored, processed or transmitted in electromagnetic form.

5. ORGANISATION OF SECURITY

5.1. Common minimum standards

The Commission shall ensure that common minimum standards of security are observed by all recipients of EUCI, inside the institution and under its competence, e.g. by all departments and contractors, so that EU classified information can be passed in the confidence that it will be handled with equal care. Such minimum standards shall include criteria for the clearance of personnel, and procedures for the protection of EU classified information.

The Commission shall only allow access of EUCI to outside bodies under the condition that they ensure that, when EUCI is handled, provisions at least strictly equivalent to these minimum standards are respected.

5.2. Organisation

Within the Commission security is organised on two levels:

(a) On the level of the Commission as a whole there is a Commission Security Office with a Security Accreditation Authority (SAA) also acting as Crypto Authority (CrA) and as TEMPEST Authority, and with an INFOSEC Authority (IA) and one or more Central EUCI Registries, each with one or more Registry Control Officer (RCO).

(b) On the level of the Commission departments, security is the responsibility of one or more Local Security Officers (LSO), one or more Central Informatics Security Officers (CISO), Local Informatics Security Officers (LISO) and Local EU Classified Information Registries with one or more Registry Control Officers.

(c) The central security bodies will provide operational guidance to the local security bodies.

6. SECURITY OF PERSONNEL

6.1. Clearance of personnel

All persons who require access to information classified EU CONFIDENTIAL or above shall be appropriately cleared before such access is authorised. Similar clearance shall be required in the case of persons whose duties involve the technical operation or maintenance of communication and information systems containing classified information. This clearance shall be designed to determine whether such individuals:

(a) Are of unquestioned loyalty;

(b) Are of such character and discretion as to cast no doubt upon their integrity in the handling of classified information, or

(c) May be vulnerable to pressure from foreign or other sources.

Particularly close scrutiny in the clearance procedures shall be given to persons:

(d) To be granted access to EU TOP SECRET information;

(e) Occupying positions involving regular access to a considerable volume of EU SECRET information;

(f) Whose duties give them special access to secure communication or information systems and thus the opportunity to gain unauthorised access to large amounts of EU classified information or to inflict serious damage upon the mission through acts of technical sabotage.

In the circumstances outlined in subparagraphs (d), (e) and (f), the fullest practicable use shall be made of the technique of background investigation.

When persons not having an established ‘need to know’ are to be employed in circumstances in which they may have access to EU classified information (e.g. messengers, security agents, maintenance personnel and cleaners, etc.), they shall first be appropriately security-cleared.

6.2. Records of personnel clearances

All Commission departments handling EU classified information or housing secure communication or information systems shall maintain a record of the clearances granted to the personnel assigned thereto. Each clearance shall be verified as the occasion demands to ensure that it is adequate for that person's current assignment; it shall be re-examined as a matter of priority whenever new information is received indicating that continued assignment on classified work is no longer consistent with the interests of security. The Local Security Officer of the Commission department shall hold record of the clearances within his or her domain.

6.3. Security instruction of personnel

All personnel employed in positions where they could have access to classified information shall be thoroughly instructed on taking up assignment and at regular intervals in the need for security and the procedures for accomplishing it. Such personnel are required to certify in writing that they have read and fully understand the present security provisions.

6.4. Management responsibilities

Managers shall have the duty of knowing those of their staff who are engaged in classified work or who have access to secure communication or information systems and of recording and reporting any incidents or apparent vulnerabilities, likely to have a bearing on security.

6.5. Security status of personnel

Procedures shall be established to ensure that, when adverse information becomes known concerning an individual, it is determined whether the individual is employed on classified work or has access to secure communication or information systems, and the Commission Security Office is informed. If it is established that such an individual constitutes a security risk, he or she shall be barred or removed from assignments where he or she might endanger security.

7. PHYSICAL SECURITY

7.1. Need for protection

The degree of physical security measures to be applied to ensure the protection of EU classified information shall be proportional to the classification, volume of and threat to the information and material held. All holders of EU classified information shall follow uniform practices regarding classification of that information and meet common standards of protection regarding custody, transmission and disposal of information and material requiring protection.

7.2. Checking

Before leaving areas containing EU classified information unattended, persons having custody thereof shall ensure that it is securely stored and that all security devices have been activated (locks, alarms, etc.). Further independent checks shall be carried out after working hours.

7.3. Security of buildings

Buildings housing EU classified information or secure communication and information systems shall be protected against unauthorised access. The nature of the protection afforded to EU classified information, e.g. barring of windows, locks for doors, guards at entrances, automated access control systems, security checks and patrols, alarm systems, intrusion detection systems and guard dogs, shall depend on:

(a) The classification, volume and location within the building of the information and material to be protected;

(b) The quality of the security containers for this information and material, and

(c) The physical nature and location of the building.

The nature of the protection afforded to communication and information systems shall similarly depend upon an assessment of the value of the assets at stake and of the potential damage if security were compromised, upon the physical nature and location of the building in which the system is housed, and upon the location of the system within the building.

7.4. Contingency plans

Detailed plans shall be prepared in advance for the protection of classified information during a local or national emergency.

8. SECURITY OF INFORMATION

Information security (INFOSEC) relates to the identification and application of security measures to protect EU classified information processed, stored or transmitted in communication, information and other electronic systems against loss of confidentiality, integrity or availability, whether accidental or intentional. Adequate countermeasures shall be taken in order to prevent access to EU classified information by unauthorised users, to prevent the denial of access to EU classified information to authorised users, and to prevent corruption or unauthorised modification or deletion of EU classified information.

9. COUNTER-SABOTAGE AND CONTROL OF OTHER FORMS OF MALICIOUS WILFUL DAMAGE

Physical precautions for the protection of important installations housing classified information are the best protective security safeguards against sabotage and malicious wilful damage, and clearance of personnel alone is not an effective substitute. The competent national body shall be asked to provide intelligence regarding espionage, sabotage, terrorism and other subversive activities.

10. RELEASE OF CLASSIFIED INFORMATION TO THIRD STATES OR INTERNATIONAL ORGANISATIONS

The decision to release EU classified information originating in the Commission to a third State or international organisation shall be taken by the Commission as a college. If the originator of the information for which release is desired is not the Commission, the Commission shall first seek the originator's consent to release. If the originator cannot be established, the Commission will assume the former's responsibility.

If the Commission receives classified information from third States, from international organisations or from other third parties, that information shall be given protection appropriate to its classification and equivalent to the standards established in these provisions for EU classified information, or such higher standards as may be required by the third party releasing the information. Mutual checks may be arranged.

The above principles shall be implemented in accordance with the detailed provisions set out in Part II, Section 26, and Appendixes 3, 4 and 5.

PART II: THE ORGANISATION OF SECURITY IN THE COMMISSION

11. THE MEMBER OF THE COMMISSION RESPONSIBLE FOR SECURITY MATTERS

The Member of the Commission responsible for security matters shall:

(a) Implement the Commission's security policy;

(b) Consider security problems referred to him by the Commission or its competent bodies;

(c) Examine questions involving changes in the Commission security policy, in close liaison with the National Security (or other appropriate) Authorities of the Member States (hereinafter ‘NSA’).

In particular, the Member of the Commission responsible for security matters shall be responsible for:

(a) Co-ordinating all matters of security relating to Commission activities;

(b) Addressing to the designated authorities of the Member States requests for the NSA to provide security clearances for personnel employed in the Commission in accordance with Section 20;

(c) Investigating or ordering an investigation into any leakage of EU classified information that, on prima facie evidence, has occurred in the Commission;

(d) Requesting the appropriate security authorities to initiate investigations when a leakage of EU classified information appears to have occurred outside the Commission, and co-ordinating the enquiries when more than one security authority is involved;

(e) Carrying out periodic examinations of the security arrangements for the protection of EU classified information;

(f) Maintaining close liaison with all security authorities concerned in order to achieve overall co-ordination of security;

(g) Keeping the Commission security policy and procedures constantly under review and, as required, preparing appropriate recommendations. In this regard, the Member of the Commission responsible for security matters shall present to the Commission the annual inspection plan prepared by the Commission Security Service.

12. THE COMMISSION SECURITY POLICY ADVISORY GROUP

A Commission Security Policy Advisory Group shall be set up. It shall consist of the Member of the Commission responsible for security matters or his/her delegate, who shall have the chair, and of representatives of the NSA of each Member State. Representatives of other European institutions may also be invited. Representatives of relevant EC and EU decentralised agencies may also be invited to attend when questions concerning them are discussed.

The Commission Security Policy Advisory Group shall meet at the request of its chair or any of its members. The Group shall have the task to examine and assess all relevant security issues, and to present recommendations to the Commission as appropriate.

13. THE COMMISSION SECURITY BOARD

A Commission Security Board shall be set up. It shall consist of the Secretary General, who shall have the chair, and of the Directors General of the Legal Service, Administration and Personnel, External Relations, Justice and Home Affairs and Joint Research Centre and of the Heads of the Internal Audit Service and the Commission Security Office. Other Commission officials may be invited. Its remit is to assess security measures within the Commission and to make recommendations in this domain to the Member of the Commission responsible for security matters.

14. THE COMMISSION SECURITY OFFICE

In order to fulfil the responsibilities mentioned in Section 11 the Member of the Commission responsible for security matters shall have the Commission Security Office at his or her disposal for co-ordinating, supervising and implementing security measures.

The Head of the Commission Security Office shall be the principal adviser to the Member of the Commission responsible for security matters on security matters and shall act as secretary to the Security Policy Advisory Group. In this regard he or she shall direct the updating of the security regulations and co-ordinate security measures with the competent authorities of the Member States and, as appropriate, with international organisations linked to the Commission by security agreements. To that effect, he/she shall act as a liaison officer.

The Head of the Commission Security Office shall be responsible for the accreditation of IT systems and networks within the Commission. The Head of the Commission Security Office shall decide, in agreement with the relevant NSA, on the accreditation of IT systems and networks involving the Commission on the one hand, and on the other hand any other recipient of EU classified information.

15. SECURITY INSPECTIONS

Periodic inspections of the security arrangements for the protection of EU classified information shall be carried out by the Commission Security Office.

The Commission Security Office may be assisted in this task by the security services of other EU institutions holding EUCI or by Member State National Security Authorities ( 6 ).

At the request of a Member State an inspection of EUCI can be conducted by its NSA within the Commission, jointly with the Commission Security Service and in mutual agreement.

16. CLASSIFICATIONS, SECURITY DESIGNATORS AND MARKINGS

16.1. Levels of classification ( 7 )

Information is classified at the following levels (see also, Appendix 2):

EU TOP SECRET: This classification shall be applied only to information and material the unauthorised disclosure of which could cause exceptionally grave prejudice to the essential interests of the European Union or of one or more of its Member States.

EU SECRET: This classification shall be applied only to information and material the unauthorised disclosure of which could seriously harm the essential interests of the European Union or of one or more of its Member States.

EU CONFIDENTIAL: This classification shall be applied to information and material the unauthorised disclosure of which could harm the essential interests of the European Union or of one or more of its Member States.

EU RESTRICTED: This classification shall be applied to information and material the unauthorised disclosure of which could be disadvantageous to the interests of the European Union or of one or more of its Member States.

No other classifications are permitted.

16.2. Security designators

To set limits to the validity of a classification (for classified information signifying automatic downgrading or declassification) an agreed security designator may be used. This designator shall either be ‘UNTIL …(time/date)’ or ‘UNTIL …(event)’.

Additional security designators such as CRYPTO or any other EU-recognised security designator, shall apply where there is a need for limited distribution and special handling in addition to that designated by the security classification.

Security designators shall only be used in combination with a classification.

16.3. Markings

A marking may be used for specifying the field covered by the document or a particular distribution on a need-to-know basis, or (for non-classified information) to signify the end of an embargo.

A marking is not a classification and must not be used in lieu of one.

The ESDP marking shall be applied to documents and copies thereof concerning the security and defence of the Union or of one or more of its Member States, or concerning military or non-military crisis management.

16.4. Affixing of classification

Classification shall be affixed as follows:

(a) On EU RESTRICTED documents, by mechanical or electronic means;

(b) On EU CONFIDENTIAL documents, by mechanical means or by hand or by printing on pre-stamped, registered paper;

(c) On EU SECRET and EU TOP SECRET documents, by mechanical means or by hand.

16.5. Affixing of security designators

Security designators shall be affixed directly under the classification, by the same means as those for affixing classifications.

17. CLASSIFICATION MANAGEMENT

17.1. General

Information shall be classified only when necessary. The classification shall be clearly and correctly indicated, and shall be maintained only as long as the information requires protection.

The responsibility for classifying information and for any subsequent downgrading or declassification rests solely with the originator.

Officials and other employees of the Commission shall classify, downgrade or declassify information on instruction from or with the agreement of their Head of department.

The detailed procedures for the treatment of classified documents have been so framed as to ensure that they are subject to protection appropriate to the information they contain.

The number of persons authorised to originate EU TOP SECRET documents shall be kept to a minimum, and their names kept on a list drawn up by the Commission Security Office.

17.2. Application of classifications

The classification of a document shall be determined by the level of sensitivity of its contents in accordance with the definition at Section 16. It is important that classification is correctly and sparingly used. This applies especially to EU TOP SECRET classification.

The originator of a document that is to be given a classification shall bear in mind the rules set out above and curb any tendency to over- or under-classify.

A practical guide for the classification is contained in Appendix 2.

Individual pages, paragraphs, sections, annexes, appendices, attachments and enclosures of a given document may require different classifications and shall be classified accordingly. The classification of the document as a whole shall be that of its most highly classified part.

The classification of a letter or note covering enclosures shall be as high as the highest classification of its enclosures. The originator should indicate clearly at which level it should be classified when detached from its enclosures.

Public access shall remain governed by Regulation (EC) No 1049/2001.

17.3. Downgrading and declassification

EU classified documents may be downgraded or declassified only with the permission of the originator, and, if necessary, after discussion with other interested parties. Downgrading or declassification shall be confirmed in writing. The originator shall be responsible for informing its addressees of the change, and they in turn shall be responsible for informing any subsequent addressees, to whom they have sent or copied the document, of the change.

If possible, originators shall specify on classified documents a date, period or event when the contents may be downgraded or declassified. Otherwise, they shall keep the documents under review every five years, at the latest, in order to ensure that the original classification is necessary.

18. PHYSICAL SECURITY

18.1. General

The main objectives of physical security measures are to prevent an unauthorised person from gaining access to EU classified information and/or material, to prevent theft and degradation of equipment and other property and to prevent harassment or any other type of aggression of staff, other employees and visitors.

18.2. Security requirements

All premises, areas, buildings, rooms, communication and information systems, etc. in which EU classified information and material is stored and/or handled shall be protected by appropriate physical security measures.

In deciding what degree of physical security protection is necessary, account shall be taken of all relevant factors such as:

(a) The classification of information and/or material;

(b) The amount and form (e.g. hard copy, computer storage media) of the information held;

(c) The locally assessed threat from intelligence services which target the EU, the Member States, and/or other institutions or third parties holding EU classified information from, namely, sabotage, terrorism and other subversive and/or criminal activities.

The physical security measures applied shall be designed to:

(a) Deny surreptitious or forced entry by an intruder;

(b) Deter, impede and detect actions by disloyal personnel;

(c) Prevent those who do not have a need to know from having access to EU classified information.

18.3. Physical security measures

18.3.1. Security areas

Areas where information classified EU CONFIDENTIAL or higher is handled and stored shall be so organised and structured as to correspond to one of the following:

(a) Class I Security Area: an area where EU CONFIDENTIAL or above is handled and stored in such a way that entry into the area constitutes, for all practical purposes, access to classified information. Such an area requires: (i) A clearly defined and protected perimeter through which all entry and exit is controlled; (ii) An entry control system, which admits only those duly cleared and specially authorised to enter the area; (iii) Specification of the classification of the information normally held in the area, i.e. the information to which entry gives access.

(b) Class II Security Area: an area where EU CONFIDENTIAL or above is handled and stored in such a way that it can be protected from access by unauthorised persons by means of internally established controls, e.g. premises containing Services in which EU CONFIDENTIAL or above is regularly handled and stored. Such an area requires: (i) A clearly defined and protected perimeter through which all entry and exit is controlled; (ii) An entry control system that admits unescorted only those duly cleared and specially authorised to enter the area. For all other persons, provision shall be made for escorts or equivalent controls, to prevent unauthorised access to EU classified information and uncontrolled entry to areas subject to technical security inspections. Those areas not occupied by duty personnel on a 24-hour basis shall be inspected immediately after normal working hours to ensure that EU classified information is properly secured.

18.3.2. Administrative area

Around or leading up to Class I or Class II security areas, an administrative area of lesser security may be established. Such an area requires a visibly defined perimeter allowing personnel and vehicles to be checked. Only EU RESTRICTED and non-classified information shall be handled and stored in such areas.

18.3.3. Entry and exit controls

Entry and exit into and from Class I and Class II security areas shall be controlled by a pass or personal recognition system applicable to all staff normally working in these areas. A system of visitor checks designed to deny unauthorised access to EU classified information shall also be established. Pass systems may be supported by automated identification, which shall be regarded as a supplement to, but not a total replacement for, guards. A change in the threat assessment may entail a strengthening of the entry and exit control measures, for example during the visit of prominent persons.

18.3.4. Guard patrols

Patrols of Class I and Class II security areas are to take place outside normal working hours to protect EU assets against compromise, damage or loss. The frequency of patrols will be determined by local circumstances but, as a guide, are to be conducted once every 2 hours.

18.3.5. Security containers and strong rooms

Three classes of containers shall be used for the storage of EU classified information:

— Class A: containers nationally approved for storage of EU TOP SECRET information within a Class I or a Class II security area;

— Class B: containers nationally approved for storage of EU SECRET and EU CONFIDENTIAL information within a Class I or a Class II security area;

— Class C: Service furniture suitable for storage of EU RESTRICTED information only.

For strong rooms constructed within a Class I or a Class II security area, and for all Class I security areas where information classified EU CONFIDENTIAL and higher is stored on open shelves or displayed on charts, maps, etc., the walls, floors and ceilings, door(s) with lock(s) need to be certified by the SAA as offering equivalent protection to the class of security container approved for the storage of information of the same classification.

18.3.6. Locks

Locks used with security containers and strong rooms in which EU classified information is stored shall meet the following standards:

— Group A: nationally approved for Class A containers;

— Group B: nationally approved for Class B containers;

— Group C: suitable for Class C Service furniture only.

18.3.7. Control of keys and combinations

Keys of security containers shall not be taken out of the Commission buildings. Combination settings of security containers shall be committed to memory by persons needing to know them. For use in an emergency, the Local Security Officer of the Commission department concerned shall be responsible for holding spare keys and a written record of each combination setting; the latter shall be held in separate sealed opaque envelopes. Working keys, spare security keys and combination settings shall be kept in separate security containers. These keys and combination settings should be given security protection no less stringent than the material to which they give access.

Knowledge of the combination settings of security containers shall be restricted to as few people as practicable. Combinations shall be reset:

(a) On receipt of a new container;

(b) Whenever a change of personnel occurs;

(c) Whenever a compromise has occurred or is suspected;

(d) At intervals of preferably six months, and at least every twelve months.

18.3.8. Intrusion detection devices

When alarm systems, closed circuit television and other electrical devices are used to protect EU classified information, an emergency electrical supply shall be available to ensure the continuous operation of the system if the main power supply is interrupted. Another basic requirement is that a malfunction in or tampering with such systems shall result in an alarm or other reliable warning to the surveillance personnel.

18.3.9. Approved equipment

The Commission Security Office shall maintain up-to-date lists by type and model of the security equipment that they have approved for the protection of classified information under various specified circumstances and conditions. The Commission Security Office shall base these lists, inter alia, on information from NSAs.

18.3.10. Physical protection of copying and telefax machines

Copying and telefax machines shall be physically protected to the extent necessary to ensure that only authorised persons can use them for processing classified information and that all classified products are subject to proper controls.

18.4. Protection against overlooking and eavesdropping

18.4.1. Overlooking

All appropriate measures shall be taken by day and by night to ensure that EU classified information is not seen, even accidentally, by any unauthorised person.

18.4.2. Eavesdropping

Services or areas in which information classified EU SECRET and above is regularly discussed shall be protected against passive and active eavesdropping attacks where the risk demands it. The assessment of the risk of such attacks shall be the responsibility of the Commission Security Office after consultation, as necessary, with NSAs.

18.4.3. Introduction of electronic and recording equipment

It is not permitted to introduce mobile phones, private computers, recording devices, cameras and other electronic or recording devices into security areas or technically secure areas without prior authorisation from the Head of the Commission Security Office.

To determine the protective measures to be taken in premises sensitive to passive eavesdropping (e.g. insulation of walls, doors, floors and ceilings, measurement of compromising emanations) and to active eavesdropping (e.g. search for microphones), the Commission Security Office may request assistance from experts from NSAs.

Likewise, when circumstances require, the telecommunications equipment and the electrical or electronic office equipment of any kind used during meetings at EU SECRET level and above may be checked by technical security specialists of NSAs at the request of the Head of the Commission Security Office.

18.5. Technically secure areas

Certain areas may be designated as technically secure areas. A special entry check shall be carried out. Such areas shall be kept locked by an approved method when not occupied and all keys treated as security keys. Such areas shall be subject to regular physical inspections, which will also be undertaken following any unauthorised entry or suspicion of such an entry.

A detailed inventory of equipment and furniture shall be kept in order to monitor their movements. No item of furniture or equipment shall be brought into such an area until it has undergone a careful inspection by specially trained security personnel, designed to detect any listening devices. As a general rule, the installation of communication lines in technically secure areas is not permitted without prior authorisation from the appropriate authority.

19. GENERAL RULES ON THE NEED TO KNOW PRINCIPLE AND EU PERSONAL SECURITY CLEARANCES

19.1. General

Access to EU classified information shall be authorised only for persons having a ‘need-to-know’ for carrying out their duties or missions. Access to EU TOP SECRET, EU SECRET and EU CONFIDENTIAL information shall be authorised only for persons in possession of the appropriate security clearance.

The responsibility for determining ‘need-to-know’ shall rest with the department in which the person concerned is to be employed.

Requesting the clearance of personnel shall be the responsibility of each department.

This will result in the issue of a ‘EU personal security certificate’ showing the level of classified information to which the cleared person may have access and the date of expiry.

An EU personal security certificate for a given classification may give the holder access to information with a lower classification.

Persons other than officials or other employees, such as external contractors, experts or consultants, with whom it may be necessary to discuss, or to whom it may be necessary to show, EU classified information, must have a EU personal security clearance as regards EU classified information and be briefed as to their responsibility for security.

Public access shall remain governed by Regulation (EC) No 1049/2001.

19.2. Specific rules on access to EU TOP SECRET information

All persons who are to have access to EU TOP SECRET information shall first be screened for access to such information.

All persons who are required to have access to EU TOP SECRET information shall be designated by the Member of the Commission responsible for security matters and their names kept in the appropriate EU TOP SECRET registry. The Commission Security Office will create and maintain this registry.

Before having access to EU TOP SECRET information, all persons shall sign a certificate to the effect that they have been briefed on Commission security procedures and that they fully understand their special responsibility for safeguarding EU TOP SECRET information, and the consequences which the EU rules and national law or administrative rules provide when classified information passes into unauthorised hands, either by intent or through negligence.

In the case of persons having access to EU TOP SECRET information at meetings, etc., the competent Control Officer of the service or body in which that person is employed shall notify the body organising the meeting that the persons concerned have such authorisation.

The names of all persons ceasing to be employed on duties requiring access to EU TOP SECRET information shall be removed from the EU TOP SECRET list. In addition, the attention of all such persons shall be drawn again to their special responsibility for the safeguarding of EU TOP SECRET information. They shall also sign a declaration stating that they will neither use nor pass on EU TOP SECRET information in their possession.

19.3. Specific rules on access to EU SECRET and EU CONFIDENTIAL information

All persons who are to have access to EU SECRET or EU CONFIDENTIAL information shall first be screened to the appropriate grading.

All persons who are to have access to EU SECRET or EU CONFIDENTIAL information shall be acquainted with the appropriate security provisions and shall be aware of the consequences of negligence.

In the case of persons having access to EU SECRET or EU CONFIDENTIAL information at meetings, etc., the Security Officer of the body in which that person is employed shall notify the body organising the meeting that the persons concerned have such authorisation.

19.4. Specific rules on access to EU RESTRICTED information

Persons with access to EU RESTRICTED information will be made aware of these security rules and of the consequences of negligence.

19.5. Transfers

When a member of staff is transferred from a post which involves the handling of EU classified material, the Registry will oversee the proper transfer of that material from the outgoing to the incoming official.

When a member of staff is transferred to another post involving the handling of EU classified material the Local Security Officer will brief him accordingly.

19.6. Special instructions

Persons who are required to handle EU classified information should, on first taking up their duties and periodically thereafter, be made aware of:

(a) The dangers to security arising from indiscreet conversation;

(b) Precautions to take in their relations with the press and with representatives of special interest groups;

(c) The threat presented by the activities of intelligence services that target the EU and Member States as regards EU classified information and activities;

(d) The obligation to report immediately to the appropriate security authorities any approach or manoeuvre giving rise to suspicions of espionage activity or any unusual circumstances relating to security.

All persons normally exposed to frequent contact with representatives of countries whose intelligence services target the EU and Member States as regards EU classified information and activities shall be given a briefing on the techniques known to be employed by various intelligence services.

There are no Commission security provisions concerning private travel to any destination by personnel cleared for access to EU classified information. The Commission Security Office shall, however, acquaint the officials and other servants falling within their responsibility with travel regulations to which they may be subjected.

20. SECURITY CLEARANCE PROCEDURE FOR COMMISSION OFFICIALS AND OTHER EMPLOYEES

(a) Only Officials and other employees of the Commission or persons working within the Commission who, by reason of their duties and for the requirements of the service, need to have knowledge of, or to use, classified information held by the Commission, shall have access to such information.

(b) In order to have access to information classified as ‘EU TOP SECRET’, ‘EU SECRET’ and ‘EU CONFIDENTIAL’, the persons referred to in paragraph (a) above must have been authorised, in accordance with the procedure referred to in paragraphs (c) and (d) of this Section.

(c) Authorisation shall be granted only to persons who have undergone security screening by the competent national authorities of the Member States (NSA) in accordance with the procedure referred to in paragraphs (i) to (n).

(d) The Head of the Commission Security Office shall be responsible for granting the authorisations referred to in paragraphs (a), (b) and (c).

(e) He/she shall grant authorisation after obtaining the opinion of the competent national authorities of the Member States on the basis of security screening carried out in accordance with paragraphs (i) to (n).

(f) The Commission Security Office shall maintain an up to date list of all sensitive posts, provided by the relevant Commission departments, and of all persons who have been granted a (temporary) authorisation.

(g) Authorisation, which shall be valid for a period of five years, may not exceed the duration of the tasks on the basis of which it was granted. It may be renewed in accordance with the procedure referred to in paragraph (e).

(h) Authorisation shall be withdrawn by the Head of the Commission Security Office where he/she considers there are justifiable grounds for doing so. Any decision to withdraw authorisation shall be notified to the person concerned, who may ask to be heard by the Head of the Commission Security Office, and to the competent national authority.

(i) Security screening shall be carried out with the assistance of the person concerned and at the request of the Head of the Commission Security Office. The competent national authority for screening is the one of the Member State of which the person subject to authorisation is a national. Where the person concerned is not a national of an EU Member State, the Head of the Commission Security Office will request a security screening from the EU Member State in which the person is domiciled or usually resident.

(j) As part of the screening procedure, the person concerned shall be required to complete a personal information form.

(k) The Head of the Commission Security Office shall specify in its request the type and level of classified information to be made available to the person concerned, so that the competent national authorities can carry out the screening process and give their opinion as to the level of authorisation it would be appropriate to grant to that person.

(l) The whole security-screening process together with the results obtained shall be subject to the relevant rules and regulations in force in the Member State concerned, including those concerning appeals.

(m) Where the competent national authorities of the Member State give a positive opinion, the Head of the Commission Security Office may grant the person concerned authorisation.

(n) A negative opinion by the competent national authorities shall be notified to the person concerned, who may ask to be heard by the Head of the Commission Security Office. Should he consider it necessary, the Head of the Commission Security Office may ask the competent national authorities for any further clarification they can provide. If the negative opinion is confirmed, authorisation shall not be granted.

(o) All persons granted authorisation within the meaning of paragraphs (d) and (e) shall, at the time the authorisation is granted and at regular intervals thereafter, receive any necessary instructions concerning the protection of classified information and the means of ensuring such protection. Such persons shall sign a declaration acknowledging receipt of the instructions and give an undertaking to obey them.

(p) The Head of the Commission Security Office shall take any measure necessary in order to implement this section, in particular as regards the rules governing access to the list of authorised persons.

(q) Exceptionally, if required by the service, the Head of the Commission Security Office may, after giving the national competent authorities notification and provided there is no reaction from them within a month, grant temporary authorisation for a period not exceeding six months, pending the outcome of the screening referred to in paragraph (i).

(r) The provisional and temporary authorisations thus granted shall not give access to EU TOP SECRET information; such access shall be limited to officials who have effectively undergone a screening with positive results, in accordance with paragraph (i). Pending the outcome of the screening, the officials requested to be cleared at EU TOP SECRET level may be authorised, temporarily and provisionally, to access information classified up to, and including, EU SECRET.

21. PREPARATION, DISTRIBUTION, TRANSMISSION, COURRIER PERSONAL SECURITY AND EXTRA COPIES OF TRANSLATIONS AND EXTRACTS OF EU CLASSIFIED DOCUMENTS

21.1. Preparation

1. The EU classifications shall be applied as established in Section 16 and for EU CONFIDENTIAL and above appear at the top and bottom centre of each page, and each page shall be numbered. Each EU classified document shall bear a reference number and a date. In the case of EU TOP SECRET and EU SECRET documents, this reference number shall appear on each page. If they are to be distributed in several copies, each one shall bear a copy number, which will appear on the first page, together with the total number of pages. All annexes and enclosures shall be listed on the first page of a document classified EU CONFIDENTIAL and above.

2. Documents classified EU CONFIDENTIAL and above shall be typed, translated, stored, photocopied, reproduced magnetically or microfilmed only by persons who have been cleared for access to EU classified information up to at least the appropriate security classification of the document in question.

3. The provisions regulating the computerised production of classified documents are set out in Section 25.

21.2. Distribution

1. EU classified information shall be distributed only to persons with a need to know and having the appropriate security clearance. The originator shall specify the initial distribution.

2. EU TOP SECRET documents shall be circulated through EU TOP SECRET registries (see Section 22.2). In the case of EU TOP SECRET messages, the competent registry may authorise the head of the communications centre to produce the number of copies specified in the list of addressees.

3. Documents classified EU SECRET and below may be redistributed by the original addressee to other addressees based on a need to know. The originating authorities shall, however, clearly state any caveats they wish to impose. Whenever such caveats are imposed, the addressees may redistribute the documents only with the originating authorities' authorisation.

4. Every document classified EU CONFIDENTIAL and above shall, on arriving at or leaving a DG or service, be recorded by the departments' Local EUCI Registry. The particulars to be entered (references, date and where applicable the copy number) shall be such as to identify the documents and be entered into a logbook or in special protected computer media (see Section 22.1).

21.3. Transmission of EU classified documents

21.3.1. Packaging, receipts

1. Documents classified EU CONFIDENTIAL and above shall be transmitted in heavy duty, opaque double envelopes. The inner envelope shall be marked with the appropriate EU security classification as well as, if possible, full particulars of the recipient's job title and address.

2. Only a Registry Control Officer (see Section 22.1), or his substitute, may open the inner envelope and acknowledge receipt of the documents enclosed, unless that envelope is addressed to an individual. In such a case, the appropriate Registry (see Section 22.1) shall log the arrival of the envelope, and only the individual to whom it is addressed may open the inner envelope and acknowledge receipt of the documents it contains.

3. A receipt form shall be placed in the inner envelope. The receipt, which will not be classified, should quote the reference number, date and copy number of the document, but never its subject.

4. The inner envelope shall be enclosed in an outer envelope bearing a package number for receipting purposes. Under no circumstances shall the security classification appear on the outer envelope.

5. For documents classified EU CONFIDENTIAL and above, couriers and messengers shall obtain receipts against the package numbers.

21.3.2. Transmission within a building or group of buildings

Within a given building or group of buildings, classified documents may be carried in a sealed envelope bearing only the addressee's name, on condition that it is carried by a person cleared to the level of classification of the documents.

21.3.3. Transmission within a country

1. Within a country, EU TOP SECRET documents should be sent only by means of official messenger service or by persons authorised to have access to EU TOP SECRET information.

2. Whenever a messenger service is used for the transmission of a EU TOP SECRET document outside the confines of a building or group of buildings, the packaging and receipting provisions contained in this Chapter shall be complied with. Delivery services shall be so staffed as to ensure that packages containing EU TOP SECRET documents remain under the direct supervision of a responsible official at all times.

3. Exceptionally, EU TOP SECRET documents may be taken by officials, other than messengers, outside the confines of a building or group of buildings for local use at meetings and discussions, provided that: (a) The bearer is authorised to have access to those EU TOP SECRET documents; (b) The mode of transportation complies with rules governing the transmission of EU TOP SECRET documents; (c) Under no circumstances does the official leave the EU TOP SECRET documents unattended; (d) Arrangements are made for the list of documents so carried to be held in the EU TOP SECRET Registry holding the documents and recorded in a log, and checked against this record on their return.

4. Within a given country, EU SECRET and EU CONFIDENTIAL documents may be sent either by post, if such transmission is permitted under national regulations and is in accordance with the provisions of those regulations, or by messenger service or by persons cleared for access to EU classified information.

5. The Commission Security Office will prepare instructions on the personal carrying of EU classified documents based on these rules. The bearer shall be required to read and sign these instructions. In particular, the instructions shall make it clear that, under no circumstances, may documents: (a) Leave the bearer's possession unless they are in safe custody in accordance with the provisions contained in Section 18; (b) Be left unattended in public transport or private vehicles, or in places such as restaurants or hotels. They may not be stored in hotel safes or left unattended in hotel rooms; (c) Be read in public places such as aircraft or trains.

21.3.4. Transmission from one State to another

1. Material classified EU CONFIDENTIAL and above shall be conveyed by EU diplomatic or military courier services.

2. However, the personal carriage of material classified EU SECRET and EU CONFIDENTIAL may be permitted if provisions for the carriage are such as to ensure that they cannot fall into any unauthorised person's hands.

3. The Member of the Commission responsible for security matters may authorise personal carriage when diplomatic and military couriers are not available or the use of such couriers would result in a delay that would be detrimental to EU operations and the material is urgently required by the intended recipient. The Commission Security Office will prepare instructions covering the personal carriage of material classified up to and including EU SECRET internationally by persons other than diplomatic and military couriers. The instructions shall require that: (a) The bearer has the appropriate security clearance; (b) A record is held in the appropriate department or registry of all material so carried; (c) Packages or bags containing EU material bear an official seal to prevent or discourage inspection by customs, and labels with identification and instructions to the finder; (d) The bearer carries a courier certificate and/or mission order recognised by all EU Member States authorising him to carry the package as identified; (e) No EU non-member State or its frontier is crossed when travelling overland unless the shipping State has a specific guarantee from that State; (f) The bearer's travel arrangements with regard to destinations, routes to be taken and means of transportation to be used will be in accordance with EU rules or — if national regulations with respect to such matters are more stringent — in accordance with such regulations; (g) The material must not leave the possession of the bearer unless it is housed in accordance with the provisions for safe custody contained in Section 18; (h) The material must not be left unattended in public or private vehicles, or in places such as restaurants or hotels. It must not be stored in hotel safes or left unattended in hotel rooms; (i) If the material being carried contains documents, these must not be read in public places (e.g. in aircraft, trains, etc.).

4. The person designated to carry the classified material must read and sign a security briefing that contains, as a minimum, the instructions listed above and procedures to be followed in an emergency or in case the package containing the classified material is challenged by customs or airport security officials.

21.3.5. Transmission of EU restricted documents

No special provisions are laid down for the conveyance of EU RESTRICTED documents, except that they should be such as to ensure that they can not fall into any unauthorised person's hands.

21.4. Courier personnel security

All couriers and messengers employed to carry EU SECRET and EU CONFIDENTIAL documents shall be appropriately security cleared.

21.5. Electronic and other means of technical transmission

1. Communications security measures are designed to ensure the secure transmission of EU classified information. The detailed rules applicable to the transmission of such EU classified information are dealt with in Section 25.

2. Only accredited communications centres and networks and/or terminals and systems may transmit information classified EU CONFIDENTIAL and EU SECRET.

21.6. Extra copies and translations of and extracts from EU classified documents

1. Only the originator may authorise the copy or translation of EU TOP SECRET documents.

2. If persons without EU TOP SECRET clearance require information which, although contained in a EU TOP SECRET document, does not have that classification, the Head of the EU TOP SECRET Registry (see Section 22.2) may be authorised to produce the necessary number of extracts from that document. He/she shall, at the same time, take the necessary steps to ensure that these extracts are given the appropriate security classification.

3. Documents classified EU SECRET and lower may be reproduced and translated by the addressee, within the framework of these security provisions and on condition that it complies strictly with the need-to-know principle. The security measures applicable to the original document shall also be applicable to reproductions and/or translations thereof.

22. EUCI REGISTRIES, MUSTERS, CHECKS, ARCHIVE STORAGE AND DESTRUCTION OF EUCI

22.1. Local EUCI Registries

1. Within the Commission, in each department, as required, one or more Local EUCI Registries shall be responsible for the registration, reproduction, dispatch, archiving and destruction of documents classified EU SECRET and EU CONFIDENTIAL.

2. When a department does not have a Local EUCI Registry, the Local EUCI Registry of Secretariat General will act as its EUCI Registry.

3. Local EUCI Registries shall report to the Head of department from whom they receive their instructions. The Head of these registries shall be Registry Control Officer (RCO).

4. They shall be subject to the supervision of the Local Security Officer as far as the application of the provisions regarding the handling of EUCI documents and compliance with the corresponding security measures is concerned.

5. Officials assigned to the Local EUCI Registries shall be authorised to have access to EUCI in accordance with Section 20.

6. Under the authority of the relevant Head of department the Local EUCI Registries shall: (a) Manage operations relating to the registration, reproduction, translation, transmission, dispatch and destruction of such information; (b) Update the list of particulars on classified information; (c) Periodically question issues on the need to maintain the classification of information.

7. The Local EUCI Registries shall keep a register of the following particulars: (a) The date of preparation of the classified information; (b) The level of classification; (c) The expiry date of the classification; (d) The name and department of the issuer; (e) The recipient or recipients, with serial number; (f) The subject; (g) The number; (h) The number of copies circulated; (i) The preparation of inventories of the classified information submitted to the department; (j) The register of declassification and downgrading of classified information.

8. The general rules provided for in Section 21 shall apply to the Local EUCI Registries of the Commission, unless modified by the specific rules laid down in this Section.

22.2. The EU TOP SECRET Registry

22.2.1. General

1. A Central EU TOP SECRET Registry ensures the recording, handling and distribution of EU TOP SECRET documents in accordance with these security provisions. The head of the EU TOP SECRET Registry will be the EU TOP SECRET Registry Control Officer.

2. The Central EU TOP SECRET Registry will act as the main receiving and despatching authority in the Commission, with other EU institutions, Member States, international organisations and third States with which the Commission has agreements on security procedures for the exchange of classified information.

3. When necessary, sub-registries