1999/218/EC: Commission Decision of 25 February 1999 relating to the procedures whereby officials and employees of the European Commission may be allowed access to classified information held by the Commission (notified under document number C(1999) 423)
Date: 1999-02-25
Institutions: European Commission
Subjects: European Commission, European official, access to EU information, confidentiality, duties of civil servants, servant (EU)

L 80/22

EN

Official Journal of the European Communities

25. 3. 1999

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 25 February 1999

relating to the procedures whereby officials and employees of the European
Commission may be allowed access to classified information held by the
Commission

(notified under document number C(1999) 423)

(1999/218/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community, and in particular Article 162(2) thereof,

Whereas the Treaty on European Union introduced a
common foreign and security policy encompassing all
matters relating to the security of the European Union,
including the eventual framing of a common defence
policy, which might in time lead to a common defence;

Whereas, under Article J.4 of the said Treaty, the Western
European Union (WEU) is an integral part of the develop-
ment of the European Union, which requests the WEU to
elaborate and implement decisions and actions of the
Union which have defence implications;

Whereas, the common security policy of the Union may
be developed further following the entry into force of the
Treaty of Amsterdam; whereas, by virtue of Protocol No 1
on the new Article 17 of the Treaty on European Union,
steps will be taken by the European Union to enhance
cooperation between the European Union and the WEU;

Whereas, by virtue of Article J.9 of the Treaty on Euro-
the Commission is fully associated with
pean Union,
work carried out in the common foreign and security
policy field; whereas the Commission accordingly receives
and produces documents containing information of a

sensitive nature the divulging of which might jeopardise
the interests of the European Union, the Community and
its Member States and those of international organisations
such as the WEU and NATO;

Whereas, by Decision C(94) 3282 of 30 November 1994,
the Commission adopted a decision on the security meas-
ures applicable to classified information produced or
transmitted in connection with European Union activi-
ties;

Whereas, under Article 6(3) of the said Decision, informa-
tion received from the WEU or NATO is governed by
special rules;

Whereas the security rules must cover not only the phys-
ical protection of classified information held by the
Commission but also the authorisation of officials and
other servants of the Commission to have access to such
information;

Whereas the procedure for authorising officials and other
servants of the Commission who, by reason of their duties
and for the requirements of the service, are required to
have access to such information should be modified and
such access restricted to authorised persons only;

Whereas decisions to grant authorisation will be taken
only after security screening has been carried out by the
competent national authorities of the Member States;

Whereas this Decision will be without prejudice to the
rules governing public access to Commission information
in the fields covered by the treaties establishing the Euro-
laid down in the Commission’s
pean Communities,
Decision 94/90/ECSC, EC, Euratom (1);

(1) OJ L 46, 18. 2. 1994, p. 58.

25. 3. 1999

EN

Official Journal of the European Communities

L 80/23

Whereas this Decision is without prejudice to the specific
security measures
laid down in Council Regulation
(Euratom) No 3 of 31 July 1958 implementing Article 24
of the Treaty establishing the European Atomic Energy
Community (1);

Whereas, under Article 5 of the EC Treaty, Member States
are required to facilitate the accomplishment by the insti-
tutions of the tasks incumbent on them by virtue of the
Treaties; whereas it is therefore incumbent on the author-
ities of the Member States to cooperate with the Commis-
sion in order to maintain a high standard of protection
and, accordingly,
security screening as
provided for in this Decision,

to carry out

HAS DECIDED AS FOLLOWS:

Article 1

1.
In accordance with the Commission Decision
C(94)3282 of 30 November 1994 and by reason of the
Commission’s full association with the work of devising
and implementing the common security policy of the
Union, the only persons authorised to have access to
classified information held by the Commission shall be
officials and other servants of the Commission or any
person 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, such information.

In order to have access to information classified as
2.
‘top secret', ‘secret' and ‘confidential', the persons referred
to in paragraph 1 must have been authorised in accord-
ance with Article 2.

3.
Authorisation shall be granted only to persons who
have undergone security screening by the competent
national authorities of the Member States, in accordance
with the procedure laid down in Article 3.

Article 2

The Commission shall grant

1.
the authorisations
referred to in Article 1 after obtaining the opinion of the
competent national authorities of the Member States on
the basis of security clearance carried out in accordance
with Articles 3 and 4.

Authorisation, which shall be valid for a period of
2.
five years, may not exceed the duration of the tasks on the
basis of which it was granted. It may be renewed by the
Commission in accordance with the procedure referred to
in paragraph 1.

Authorisation may be withdrawn by the Commission at
any time. Any decision to withdraw authorisation shall be
made known to the person concerned, who may ask to be
heard by head of the Commission’s Security Office, and
to the competent national authority.

(1) OJ 17, 6. 10. 1958, p. 406/58.

if

Exceptionally,

required by the

the
3.
Commission 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 three months, pending the
outcome of the screening referred to in Article 3.

service,

Article 3

1.
The aim of security screening shall be to establish
that there are no objections to allowing the person to have
access to classified information held by the Commission.

Security screening shall be carried out with the assis-
2.
tance of the person concerned and at the request of the
Commission by the competent national authorities of the
Member State of which the person subject to author-
isation is a national. Should the person concerned reside
in the territory of another Member State, the national
authorities concerned may secure the cooperation of the
authorities of the State of residence.

As part of

3.
the person
concerned shall be required to complete a personal in-
formation form.

the screening procedure,

4.
The Commission 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 appropriate level of authorisation
to be granted.

5.
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.

Article 4

1. Where the competent national authorities of the
Member States give a positive opinion, the Commission
may grant the person concerned authorisation in accord-
ance with Article 2.

to the knowledge of

2.
A negative opinion by the competent national
the
authorities shall be brought
person concerned, who may ask to be heard by the
Commission. Should the Commission consider it neces-
sary, it may ask the competent national authorities for any
the negative
further clarification they can provide. If
opinion is confirmed, authorisation shall not be granted.

Article 5

All persons granted authorisation within the meaning of
Article 2 shall, at the time the authorisation is granted
and at regular intervals thereafter, receive any necessary
instructions concerning the protection of classified in-
formation 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.

L 80/24

EN

Official Journal of the European Communities

25. 3. 1999

Article 6

Article 1(2) and Articles 10 to 13 of Decision C(94)3282 of 30 November 1994 on the
security measures applicable to classified information produced or transmitted in connec-
tion with the activities of the European Union are hereby repealed. Authorisations granted
by virtue of that Decision shall remain valid for the period for which they were granted
and for a period of not more than five years from the time when they were granted save
where they have been previously withdrawn in accordance with Article 2(2).

This Decision shall enter into force on the date of its adoption.

Article 7

Done at Brussels, 25 February 1999.

For the Commission

The President

Jacques SANTER