Information from the Translation Centre for bodies of the European Union - Provisions to ensure confidentiality of certain work (Article 17(3) of Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for bodies of the European Union)
Date: 1999-03-22
Institutions: Translation Centre
Subjects: EU office or agency, European Union, confidentiality, data processing, data protection, translation

15.10.1999

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Official Journal of the European Communities

C 295/3

TRANSLATION CENTRE FOR BODIES OF THE EUROPEAN
UNION

Provisions to ensure confidentiality of certain work (Article 17(3) of Council Regulation (EC) No
2965/94 of 28 November 1994 setting up a Translation Centre for bodies of the European Union)

A. Background

(1999/C 295/04)

1. Article 17 of the Regulation setting up the Translation Centre reads as follows:

(cid:145)(1) the staff of the Centre shall be subject to the rules and regulations applying to officials and other

servants of the European Communities;

(2) in respect of its staff, the Centre shall exercise the powers which have been devolved to the

appointing authority;

(3) the Management Board,

shall adopt
implementing provisions to ensure, inter alia, the confidentiality of certain work.(cid:146)

in agreement with the Commission,

the necessary

2. At the meeting of the Management Board of the Translation Centre held in Luxembourg on 20 March
1996, the Chairman of the Board asked the representative of the Commission to prepare a proposal for
adoption by the Management Board in accordance with Article 17(3).

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

B. Proposal

Having regard to Article 17 of the Regulation setting up the Translation Centre, and in particular Article
17(3) thereof,

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

Whereas Article 1(1) of this Decision states that (cid:145)this Decision establishes security gradings for classified
information connected with Community activities and those under Titles V and VI of the Treaty on
European Union, whether they originate in the institution, an institution of a Member State or an inter-
national organisation(cid:146);

Whereas, however, the Commission decision covers aspects which are not of relevance in the context of
the Translation Centre, or which require modification to take account of the special characteristics of the
Centre and the bodies it serves;

Whereas the special characteristics of the Translation Centre require certain additional
provisions;

implementing

Whereas the Commission has given its agreement;

THE MANAGEMENT BOARD OF THE TRANSLATION CENTRE IS REQUESTED TO ADOPT the following Decision:

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Official Journal of the European Communities

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Decision of the Management Board of the Translation Centre of the European Union on the
implementing provisions necessary to ensure, inter alia, confidentiality of certain work

THE TRANSLATION CENTRE FOR THE BODIES
OF THE EUROPEAN UNION,

Whereas Article 17(3) of the Regulation setting up the Trans-
lation Centre requires the Management Board of the Centre to
adopt provisions to ensure,
the confidentiality of
certain work;

inter alia,

Whereas any failure to comply with the requirements of this
Decision or of
supplementary provisions adopted by the
Commission and ratified by the Translation Centre will
render the offender liable to disciplinary action and,
in the
case of serious offenders, may give rise to penal sanctions;

Wheras the provisions of
the
normal rules of confidentiality which apply to Translation
Centre officials and other
staff members with regard to
information not expressly intended for the public;

this Decision do not affect

HAS ADOPTED THIS DECISION:

TITLE I (cid:151) PRINCIPLES AND GENERAL RULES OF
PROTECTION

Article 1

Field of application: practical considerations

1.
Since by Article 17(1) of the Regulation setting up the
Translation Centre its staff is subject to the rules and regu-
the
servants of
lations applying to officials and other
European Communities,
the Commission
rules of
Decision of 30 November 1994 on the security measures
applicable to classified information produced or transmitted
in connection with the activities of the European Union (doc.
C(94)3282) shall be applicable to such staff, except in so far as
these rules are modified or supplemented by the present
Decision.

the

The Director of

2.
shall be
responsible for ensuring that these rules applicable in all of
the Translation Centre’s places of work.

the Translation Centre

Article 2

Supplementary provisions

The security measures laid down in this Decision shall be
without prejudice to any special rules the Commission or the
Translation Centre my adopt.

Article 3

Classified information

1.
shall mean all

For the purposes of this Decision, (cid:145)classified information(cid:146)
information whose unauthorised

forms of

disclosure could be detrimental to the essential interests of the
European Union and of one or more Member States or inter-
national organisations, or of the bodies and agencies served by
the Translation Centre, and which therefore must be protected
by appropriate security measures.

(cid:145)Information(cid:146)

information, whether
2.
shall mean any
the
recorded in writing, orally or optically and whatever
medium used: paper, audio or video tape,
transmission
networks, technical or physical processes. For the purposes
of this Decision, the concept of classified information must
be understood solely by reference to its context.

information is not

3. Where
contained in a written
document, protection of classified information may require
special rules taking account of the nature of the medium, in
particular for audio and video recordings, microfilm, film or
video tapes or computer media. The Director of the Centre
shall propose to the Management Board for
its approval
supplementary protective measures for this purpose.

The information referred to in paragraphs 1 and 2 above
4.
shall retain its classified status even when it is preparatory or
only for temporary use.

Article 4

Security gradings

Security gradings for classified information used by the Trans-
lation Centre shall be as follows:

(a) TOP SECRET:

where unauthorised disclosure would be exceptionally detri-
mental to the essential interests of the European Union or
of one or more Member States or another organisation, in
particular the bodies and agencies served by the Translation
Centre;

(b) SECRET:

where unauthorised disclosure would be seriously detri-
mental to the essential
interests of the European Union
or of one or more Member States or another organisation,
in particular the bodies and agencies served by the Trans-
lation Centre;

(c) CONFIDENTIAL:

where unauthorised disclosure would be detrimental to the
essential interests of the European Union or of one or more
Member States or another organisation,
in particular the
bodies and agencies served by the Translation Centre;

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Official Journal of the European Communities

C 295/5

(d) RESTRICTED:

where unauthorised disclosure would be disadvantageous to
the essential interests of the European Union or of one or
more Member States or another organisation, in particular
the bodies and agencies served by the Translation Centre.

TITLE II (cid:151) PROCEDURAL PROVISIONS

Article 5

Assignment of security gradings

1.
The authority to classify, or cause to be classified,
information submitted to the Translation Centre by the
bodies and agencies served by the Centre shall be confined
to the body or agency submitting such information.

2.
The Translation Centre shall assign the same classification
as that accorded by the body or agency to the original
information to all language versions produced on the basis of
the original information.

The Translation Centre shall respect

the classification
3.
accorded by the submitting body or agency, and shall
observe the measures provided for in this Decision for the
respect of the various gradings.

Article 6

Field of application: personnel considerations

The security measures laid down in this Decision shall be
1.
observed by all officials or other Translation Centre staff who,
for any reason, have access to classified information produced
within the Centre or communicated to it.

2.
Any firm or company, including subcontractors, working
for the Translation Centre whose staff may have occasion to
read classified information by reason of their work shall be
bound by the requirements of this Decision and shall impose
the same obligations on every member of staff concerned.
These obligations should be embodied in written form in
contracts between such companies and the Translation Centre.

Article 7

Access to classified information

1.
Access to and possession of classified information shall be
restricted to the persons referred to in Article 6 who, by reason
of their duties or service requirements, need to acquaint them-
selves with such information or to handle it.

Requests for access by third parties to information trans-
3.
mitted to the Translation Centre by the bodies and agencies
served by the Centre should be addressed to the body or
agency submitting the original
the
owner
equally to all
requirement
language versions produced by the Translation Centre on the
basis of the original information submitted to it.

information, which is

thereof. This

applies

Article 8

Authorisation

1.
The Management Board of the Translation Centre shall
empower the Director of the Centre to grant and withdraw the
authorisations necessary for access to classified information to
those who have been vetted by the competent national auth-
orities.

Authorisations shall

terminate automatically when the
2.
authorised person leaves the service of the Translation Centre
or his contract ends.

Article 9

Vetting

1.
Vetting shall be carried out with the agreement of the
person concerned at the request of the Translation Centre by
the Member State of which the person concerned is a national.
the person concerned does not have a Community
If
nationality,
in which the person is
domiciled or is usually resident is responsible for vetting.

the Member State

2.
The vetting procedure shall be governed by the relevant
rules and requirements applied in the Member State in
question.

TITLE III (cid:151) STRUCTURES

Article 10

Security officers

1.
A Security officer shall be responsible for the implemen-
tation of this Decision. The Director of the Translation Centre
may designate himself or an official of appropriate rank for this
purpose.

2.

In particular, the security officer shall be responsible for:

(a) keeping an up-to-date list of all persons in the Centre who
are authorised to have access to information classified TOP
SECRET, SECRET and CONFIDENTIAL;

(b) ensuring the registration, reproduction, dispatch, holding
when necessary and destruction of information classified
SECRET and CONFIDENTIAL. A suitable
TOP
protected area shall be provided for this purpose;

SECRET,

To be allowed access to TOP SECRET, SECRET and CONFI-
2.
DENTIAL information, the persons referred to in paragraph 1
must be given authorisation in accordance with Article 8.

(c) ensuring that all physical security measures are imple-

mented;

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Official Journal of the European Communities

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(d) coordinating the measures taken for the application of this

Decision;

(e) making such enquiries and checks as may be necessary to
ensure that the security procedures and measures are imple-
mented;

(f)

investigating breaches of security rules and reporting them
as soon as possible to the Director of the Translation Centre
or, in serious cases, to the President of the Management
Board;

(g) considering any ways in which security may be improved;

(h) instructing staff on their duties regarding the protection of
confidentiality and the application of security measures.

If

4.
changed,
correspond with the new grading.

the security grading of classified information is
the information shall be appropriately marked to

References to information classified TOP SECRET, SECRET
5.
or CONFIDENTIAL,
including computerised references, shall be
kept to a minimum and under no circumstances reveal the
subject matter or destination of the information.

Article 12

Registration, dispatch and handling of

information

classified TOP SECRET, SECRET or CONFIDENTIAL

1.
All information classified TOP SECRET, SECRET or CONFI-
DENTIAL shall be registered centrally by the security officer
referred to in Article 10. Such registration shall make it
possible:

(i) coordinating the vetting procedures referred to in Article 9.

(cid:151) to compile immediately a list of the persons who have
consulted or have had possession of such information;

The security officer shall be authorised to have access to
laid down in

3.
classified information under
Articles 7 and 8 of this Decision.

the conditions

TITLE IV (cid:151) HANDLING OF CLASSIFIED INFORMATION

Article 11

(cid:151) to ascertain at any time the identity of the holder of each

copy.

The security officer shall assume responsibility for such
2.
classified information on receipt of a form bearing the
signature of a person authorised by the submitting body or
agency.

Distinctive markings on classified information

The security grading accorded ot classified information

1.
shall be indicated in the following manner:

3.
The dispatch of information classified TOP SECRET, SECRET
or CONFIDENTIAL shall be recorded beforehand in the register
provided for that purpose.

(cid:151) TOP SECRET and SECRET:

by affixing a clearly visible stamp at the top and bottom of
each page or by means of an equivalent marking, such as a
diagonal band across the entire page;

4.
No official or other person referred to in Article 6 above
may hold information cassified TOP SECRET, SECRET or CONFI-
DENTIAL which has not been registered by the security officer
as provided for in Article 10.

(cid:151) CONFIDENTIAL:

Article 13

Dispatch

by affixing a clearly visible stamp on each page or by
means of an equivalent marking, such as a diagonal band
across the entire page;

Information classified TOP SECRET, SECRET or CONFIDENTIAL
shall be sent to and dispatched by the security officer of the
Translation Centre referred to in Article 10. The classified
documents shall be dispatched in the following manner:

(cid:151) RESTRICTED:

by marking the cover page and the first page (cid:145)RESTRICTED(cid:146).

If

information is classified temporarily,

2.
the date after
which it may be considered declassified or the equivalent
declassification formula shall appear in suitable place.

(cid:151) TOP SECRET:

the document shall be
by diplomatic bag;
placed in two envelopes, of which only the inner one
shall bear a stamp indicating the security grading;

in this case,

(cid:151) SECRET/CONFIDENTIAL:

Each copy of information classified TOP SECRET or SECRET
3.
shall bear a serial number which will serve to identify its origin
and its recipient. This serial number shall be reproduced on the
cover page.

by registered post with advice of delivery; in this case, the
document shall be placed in two envelopes, of which only
the inner one shall bear a stamp indicating the security
grading;

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(cid:151) RESTRICTED:

by ordinary mail in a sealed envelope.

Article 14

Transmission of classified information by telecommuni-
cations

The Director of the Centre shall propose to the Management
the present
Board for its approval, within six months of
Decision, supplementary protective measures for the trans-
classified information by telecommunications
mission of
taking
the Council Recommendation on
common information technology security evaluation criteria.

into account

Article 15

Special provisions for the protection of information

When special circumstances prevent the application of any of
the provisions of
the
Translation Centre shall take or cause to be taken appropriate
measures to provide a degree of protection equivalent to that
laid down in this Decision.

the security officer of

this Decision,

TITLE V (cid:151) FINAL PROVISIONS

Article 16

Procedure in the case of infringements of the Decision

1.
Any person employed by the Translation Centre who in
the course of his duties has access to classified information
the
shall be informed by the Director of
security officer that failure to comply with the requirements
of this Decision may render him liable to disciplinary action,
and where appropriate, to prosecution under national law.

the Centre or

information

Any person who finds or has reason to believe that
2.
classified
been
gone
compromised or that an infringement of this Decision or a
breach of security has been committed shall
immediately
report this to the security officer who will at once inform
the Director of the Centre.

astray

has

has

or

If

3.
information classified TOP
SECRET, SECRET or CONFIDENTIAL has come to the knowledge

the report suggests that

of an unauthorised person, the Director of the Centre shall be
informed immediately so that he may assess the situation.

4.
If a suspected breach as referred to in paragraph 2 or 3 is
confirmed, the Director or the security officer designated by
him shall take appropriate steps with the responsible officials
concerned in order to limit the damage caused to a minimum
and to prevent a repetition of the occurrence.

If a serious breach of security has occurred with respect
5.
to information originating in a Member State, another insti-
tution or international organisation, and in particular a body or
agency served by the Translation Centre, they shall be advised
accordingly.

6.
Officials or other staff who, even after leaving the Centre,
fail to comply with teh requirements of this Decision, whether
wittlingly or though negligence, shall be liable to disciplinary
action under the Staff Regulations and, where appropriate, to
prosecution under national law.

Article 17

Additional measures

If an agency, office or body adopts confidentiality regulations
of its own, the Translation Centre and the agency, office or
take the necessary steps to ensure
body in question shall
two sets of provisions. Any
concordance between the
additional measures required in application of
this article
shall be submitted to the Management Board of the Translation
Centre for its approval and set out
in an annex to these
implementing provisions.

Article 18

Applicability

This Decision shall apply with effect from 22 March 1999.

Done at Luxembourg, 22 March 1999.

For the Management
Board

Colette FLESCH