(5)

Article 12 is replaced by the following: ‘Article 12 Release of Information 1. The HR shall be authorised to release to designated third States, international organisations and international agencies, as appropriate and in accordance with the needs of EUNAVFOR MED operation SOPHIA, any EU non-classified documents connected with the deliberations of the Council relating to the operation and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council's Rules of Procedure (*2). The PSC shall designate on a case-by-case basis the third States, international organisations and international agencies concerned. 2. The HR shall be authorised to release to designated third States, international organisations and international agencies, as appropriate and in accordance with the needs of EUNAVFOR MED operation SOPHIA, and in full respect of the principles of reciprocity and inclusiveness, EU classified information generated for the purposes of the operation, in accordance with Decision 2013/488/EU, as follows: (a) up to the level provided in the applicable Security of Information Agreements concluded between the Union and the third State concerned; or (b) up to the “CONFIDENTIEL UE/EU CONFIDENTIAL” level in other cases. The PSC shall designate on a case-by-case basis the third States, international organisations and international agencies concerned. 3. Classified information received shall be handled by EUNAVFOR MED operation SOPHIA without any distinction between its staff and solely on the basis of operational requirements. 4. The HR shall also be authorised to release to the UN, in accordance with the operational needs of EUNAVFOR MED operation SOPHIA, EU classified information up to “RESTREINT UE/EU RESTRICTED” level which are generated for the purposes of EUNAVFOR MED operation SOPHIA, in accordance with Decision 2013/488/EU. 5. The HR shall be authorised to release to INTERPOL relevant information, including personal data, in accordance with the operational needs of EUNAVFOR MED operation SOPHIA. 6. Pending the conclusion of an agreement between the Union and INTERPOL, EUNAVFOR MED operation SOPHIA may exchange such information with the National Central Bureaux of INTERPOL of the Member States, in accordance with arrangements to be concluded between the EU Operation Commander and the Head of the relevant National Central Bureau. 7. In the event of specific operational need, the HR shall be authorised to release to legitimate Libyan authorities any EU classified information up to “RESTREINT UE/EU RESTRICTED” level generated for the purposes of EUNAVFOR MED operation SOPHIA, in accordance with Decision 2013/488/EU. 8. The HR shall be authorised to conclude the arrangements necessary to implement the provisions on information exchange in this Decision. 9. The HR may delegate the authorisations to release information as well as the ability to conclude the arrangements referred to in this Decision to EEAS officials, to the EU Operation Commander or to the EU Force Commander in accordance with section VII of Annex VI to Decision 2013/488/EU. (*2) Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35).’."