AGREEMENT BET WEEN THE EUR OPEAN UNION AND THE UNITED KINGDOM OF GREA T 
BRIT AIN AND NORTHER N IREL AND CONCER NING SECURIT Y PROCEDURES FOR 
EXCHANGING AND PROTECTING CLASSIFIED INFORMA TION  EN Offi cial Jour nal of the European Union 31.12.2020                                                                                                                                    L 444/1463   
 
 The European Union ('the Union')  
and 
The United Kingdom of Great Britain and Northern Ireland ( 'the United Kingdom'),  
jointly referred to as 'the Parties',  
CONSIDERING:  
- that the Parties share the objectives of strengthening their own security in all ways,  
- that the Parties agree that cooperation should be developed between them on questions of 
common interest in the field of security of information,  
- that, in this context, a per manent need therefore exists to exchange classified information 
between the Parties,  
RECOGNISING that full and effective cooperation and consultation may require access to and 
exchange of classified information and material of the Parties,  
AWARE that such access to and exchange of classified information and  material require that 
appropriate security measures be taken,  
ACKNOWLEDGING that this Agreement constitutes a supplementing agreement to the  Trade and 
Cooperation Agreement between the European Union an d the European Atomic Energy Community, 
of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, 
(hereinafter “Trade and Cooperation Agreement”)  
HAVE AGREED AS FOLLOWS:  
Article 1  
1. In order to fulfil the objectives of  strengthening the security of each Party in all ways, this 
Agreement between the Union and the United Kingdom on security procedures for exchanging and 
protecting classified information (the 'Agreement') applies to classified information or material in an y 
form either provided by one Party to the other Party or exchanged between the Parties.  
2. Each Party shall protect classified information received from the other Party from 
unauthorised disclosure or loss in accordance with the terms set out in this Agreeme nt and in 
accordance with the Parties' respective laws, rules and regulations.  
3. This Agreement does not constitute a basis to compel the provision or exchange of classified 
information by the Parties.  
Article 2  
For the purposes of this Agreement, 'classifie d information' means any information or material, in 
any form, nature or method of transmission which is:  
 
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 (a) determined by either Party to require protection against unauthorised disclosure or loss which 
could cause varying degrees of damage or harm to the in terests of the United Kingdom, to the 
interests of the Union or to the interests of one or more of its Member States; and  
(b) marked accordingly with a security classification as set out in Article 7.  
Article 3  
1. The Union institutions and entities to which this  Agreement applies are the European 
Council, the Council, the High Representative of the Union for Foreign Affairs and Security Policy, the 
European External Action Service ('the EEAS'), the European Commission, and the General Secretariat 
of the Council.  
2. Those Union institutions and entities may share classified information received under this 
Agreement with other Union institutions and entities, subject to the prior written consent of the 
providing Party and subject to appropriate assurances that the rece iving institution or entity will 
protect the information adequately.  
Article 4  
Each Party shall ensure that it has appropriate security systems and measures in place, based on the 
basic principles and minimum standards of security laid down in its respecti ve laws, rules or 
regulations and reflected in the implementing arrangement referred to in Article 12, in order to 
ensure that an equivalent level of protection is applied to classified information subject to this 
Agreement.  
Article 5  
1. Each Party shall, in relation to classified information provided or exchanged under this 
Agreement:  
(a) protect, in accordance with its own laws, rules and regulations, such classified information to 
an equivalent level of protection as it affords its own classified information at  the 
corresponding security classification level, as set out in Article 7;  
(b) ensure that such classified information keeps the security classification marking given to it by 
the providing Party, and that it is not downgraded or declassified without the prior  written 
consent of the providing Party; the receiving Party shall protect the classified information 
according to the provisions set out in its own applicable laws, rules and regulations for 
information holding an equivalent security classification as spe cified in Article 7;  
(c) not use such classified information for purposes other than those established by the originator 
or those for which the information is provided or exchanged, except where the providing Party 
has given its prior written consent;  
(d) subject to the modalities in paragraph 2 of this Article, not disclose such classified information 
to a third party or make such classified information available to the public without the prior 
written approval of the providing Party;  
 
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 (e) not allow access to such clas sified information by individuals unless they have a need to know 
and have been granted security clearance or are otherwise empowered or authorised in 
accordance with the applicable laws, rules and regulations of the receiving Party;  
(f) ensure that such class ified information is handled and stored in facilities which are 
appropriately secured, controlled, and protected in accordance with its laws, rules and 
regulations; and  
(g) ensure that all individuals with access to such classified information are informed of  their 
responsibility to protect it in accordance with the applicable laws, rules and regulations.  
2. The receiving Party shall:  
(a) take all necessary steps, in accordance with its laws and regulations to prevent classified 
information provided under this Agreement from being made available to the public or any 
third party; if there is any request to make any classified information provided under this 
Agreement available to the public or any third party, the receiving Party shall immediately 
notify the prov iding Party in writing, and both Parties shall consult each other in writing before 
a disclosure decision is taken;  
(b) inform the providing Party of any request by a judicial authority, also as part of a judicial 
process, or by a legislative authority acting in an investigative capacity, to obtain classified 
information received from the providing Party under this Agreement; in assessing such a 
request, the receiving Party shall take the views of the providing Party into account to the 
maximum extent possible;  if, by virtue of the receiving Party's laws and regulations, that 
request entails transmission of the said classified information to the requesting legislative 
authority or judicial authority, also as part of a judicial process, the receiving Party shall 
ensure, to the maximum extent possible, that the information is appropriately protected, 
including from any disclosure to other authorities or third parties.  
Article 6  
1. Classified information shall be disclosed or released in accordance with the principle o f 
originator consent.  
2. For the release to recipients other than the Parties, subject to point (d) of Article 5(1), a 
decision on disclosure or release of classified information shall be made by the receiving Party on a 
case -by-case basis subject to the prio r written consent of the providing Party and in accordance with 
the principle of originator consent.  
3. No generic release shall be possible unless procedures are agreed upon between the Parties 
regarding certain categories of information which are relevant t o their specific requirements.  
4. Classified information that is subject to this Agreement may be provided to a contractor or 
prospective contractor only with the prior written consent of the providing Party. Before disclosing 
any classified information to a contractor or prospective contr actor, the receiving Party shall ensure 
that the contractor or prospective contractor has secured its facilities and is able to protect the 
 
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 classified information in accordance with applicable laws, rules and regulations, and that the 
contractor or prospec tive contractor has the required facility security clearance, where applicable, 
for itself and has the appropriate security clearances for its personnel who need access to classified 
information.  
Article 7  
1. In order to establish an equivalent level of prote ction for classified information provided by 
or exchanged between the Parties, the security classifications shall correspond as follows:  
EU United Kingdom  
TRES SECRET UE/EU TOP SECRET  UK TOP SECRET  
SECRET UE/EU SECRET  UK SECRET  
CONFIDENTIEL UE/EU CONFIDENTIAL  No equivalent – see paragraph 2  
RESTREINT UE/EU RESTRICTED  UK OFFICIAL -SENSITIVE  
 
2. Unless otherwise mutually agreed between the Parties, the United Kingdom shall afford 
CONFIDENTIEL UE/EU CONFIDENTIAL classified information an equivalent level of protection as for 
UK SECRET classified information.  
3. Unless the United Kingdom has notified the Union in writing that it has downgraded or 
declassified its UK CONFIDENTIAL legacy classified information, the Union shall afford this 
information an eq uivalent level of protection as for CONFIDENTIEL UE/EU CONFIDENTIAL classified 
information and, unless the United Kingdom has notified the Union in writing that it has declassified 
its UK RESTRICTED legacy classified information, the Union shall afford any  UK RESTRICTED legacy 
classified information an equivalent level of protection as for RESTREINT UE/EU RESTRICTED 
classified information.  
Article 8  
1. The Parties shall ensure that all persons who, in the conduct of their official duties, require 
access, or whose duties or functions may afford them access, to information classified at the level of 
CONFIDENTIEL UE/EU CONFIDENTIAL or UK SECRET or above that has been provided or exchanged 
under this Agreement, are security -cleared as appropriate or are otherwise  empowered or 
authorised in accordance with the applicable laws, rules and regulations of the receiving Party, 
before those persons are granted access to such classified information in addition to the need -to-
know requirement, as provided for in point (e) of Article 5(1).  
2. Security clearance procedures shall be designed to determine whether an individual, taking 
into account the individual's loyalty, trustworthiness and reliability, may have access to classified 
information.  
Article 9  
For the purposes of th is Agreement:  
 
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 (a) all classified information released to the Union under this Agreement shall be sent through:  
i. the Central Registry of the General Secretariat of the Council, if addressed to the 
European Council, the Council or the General Secretariat of the Council;  
ii. the Secretariat -General Registry of the European Commission, if addressed to the 
European Commission;  
iii. the European External Action Service Registry, if addressed to the High Representative 
of the Union for Foreign Affairs and Security Policy or th e European External Action 
Service;  
(b) all classified information released to the United Kingdom under this Agreement shall be sent to 
the United Kingdom via the  Mission of the United Kingdom  to the Union;  
(c) the Parties may mutually agree appropriate methods to  ensure the efficient exchange of 
classified information, in accordance with the arrangements set out in points (a) and (b).  
Article 10  
Electronic transmissions of classified information between the Union and the United Kingdom and 
electronic transmissions  of classified information between the United Kingdom and the Union shall 
be encrypted in accordance with the releasing Party's requirements as set out in its laws, rules and 
regulations; the implementing arrangement referred to in Article 12 shall set out  accordingly the 
conditions under which each Party can transmit, store or process classified information, provided by 
the other Party, in their internal networks.  
Article 11  
The Secretary -General  of the Council, the Member of the European Commission responsible for 
security matters, the High Representative of the Union for Foreign Affairs and Security Policy and the 
UK National Security Authority, Cabinet Office, shall oversee the implementation of this Agreement.  
Article 12  
1. In order to implement this  Agreement, an implementing arrangement shall be established 
between the competent security authorities of the Union institutions designated below, each acting 
on behalf of its organisational authority, and the UK National Security Authority, Cabinet Offic e, to 
lay down the standards for the reciprocal protection of classified information under this Agreement:  
(a) the Directorate of Safety and Security of the General Secretariat of the Council;  
(b) the Security Directorate of the Directorate -General Human Resources  and Security of the 
European Commission (DG.HR.DS); and  
(c) the Directorate Security and Infrastructure of the EEAS.  
2. Before classified information is provided or exchanged under this Agreement, the competent 
security authorities referred to in paragraph 1 sha ll agree that the receiving Party is able to protect 
 
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 the information in a way consistent with the implementing arrangement.  
Article 13  
The Parties shall cooperate as far as reasonably practicable with regard to the security of classified 
information that is subject to this Agreement and may provide mutual assistance on matters of 
common interest in the field of security of information. Re ciprocal security consultations and 
assessment visits shall be conducted by the competent security authorities referred to in Article 
12(1) to assess the effectiveness of the security arrangements within their respective responsibilities. 
The Parties shall  jointly decide on the frequency and timing of those consultations and assessment 
visits.  
Article 14  
1. The competent security authority of a Party as referred to in Article 12(1) shall immediately 
inform the competent security authority of the other Party of  any proven or suspected cases of 
unauthorised disclosure or loss of classified information provided by that Party. The competent 
security authority of the relevant Party shall conduct an investigation, with assistance from the other 
Party if required, and  shall report the results to the other Party.  
2. The competent security authorities referred to in Article 12(1) shall establish procedures to 
be followed in such cases.  
Article 15  
Each Party shall bear its own costs incurred in implementing this Agreement.  
Article 16  
1. Nothing in this Agreement shall alter agreements or arrangements between the Parties or 
agreements or arrangements between the United Kingdom and one or more Member States.  
2. This Agreement shall not preclude the Parties from concluding other agreements relating to 
the provision or exchange of classified information that is subject to this Agreement, provided that 
those agreements are not incompatible with the obligations under this Agreement.  
Article 17  
Each Party shall notify the other Party in writing of any changes in its laws, rules and regulations that 
could affect the protection of classified information referred to in this Agreement.  
Article 18  
The Parties shall deal with any disputes arising from the interpretation or application of thi s 
Agreement through consultations.  
Article 19  
1. This Agreement shall enter into force on the same date as the date on which the Trade and 
Cooperation Agreement enters into force, provided that, prior to that date, the Parties have notified 
 
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 each other that t hey have completed their respective internal requirements and procedures for 
establishing their consent to be bound.  
2. This Agreement shall apply as from the date of application of the Trade and Cooperation 
Agreement or from the date the Parties have notifi ed each other that they have completed their 
respective internal requirements and procedures to release classified information under this 
Agreement, whichever is the later.  If the Parties have not notified each other that they have 
completed their respect ive internal requirements and procedures for establishing their consent to be 
bound by this Agreement by the date on which provisional application of the Trade and Cooperation 
Agreement ceases, this Agreement shall cease to apply.  
3. This Agreement may be rev iewed for consideration of possible amendments at the request 
of either Party.  
4. Any amendment to this Agreement shall be made in writing only and by mutual agreement 
of the Parties.  
Article 20  
1.  Pursuant to Article FINPROV.8 of the Trade and Cooperatio n Agreement, this Agreement is 
terminated upon termination of the Trade and Cooperation Agreement.  
2. The termination of this Agreement shall not affect obligations already entered into under this 
Agreement. In particular, all classified information provided or exchanged under this Agreement shall 
continue to be protected in accordance with the provisions of this Agreement.  
Article 21  
This Agreement shall be drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, 
English, Estonian, Fin nish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, 
Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages. By 30 
April 2021, all language versions of the Agreement shall be subject to a process of final legal revision. 
Notwithstanding the previous sentence, the process of final legal revision for the English version of 
the Agreement shall be finalised at the latest by the day referred to in Article 19(1) if that day is 
earlier than 30 April 2021.  
The language versions resulting from the above process of final legal revision shall replace ab initio  
the signed versions of the Agreement and shall be established as authentic and definitive by 
exchange of diplomatic notes between the Parties.  
  
 
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