Decision of the Secretary-General of the Council/High Representative for the Common Foreign and Security Policy of 27 July 2000 on measures for the protection of classified information applicable to the General Secretariat of the Council
Date: 2000-07-27
Institutions: General Secretariat of the Council
Subjects: Council of the European Union, data protection, foreign policy, secretariat of an Institution

23.8.2000

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Official Journal of the European Communities

C 239/1

I

(Information)

COUNCIL

DECISION OF THE SECRETARY-GENERAL OF THE COUNCIL/HIGH REPRESENTATIVE FOR
THE COMMON FOREIGN AND SECURITY POLICY

of 27 July 2000

on measures for the protection of classified information applicable to the General Secretariat of
the Council

(2000/C 239/01)

THE SECRETARY-GENERAL OF THE COUNCIL/HIGH REPRESEN-
TATIVE FOR COMMON FOREIGN AND SECURITY POLICY,

be protected, whatever
completion.

its origin, medium or

stage of

Having regard to the second subparagraph of Article 23(2) of
the Council’s Rules of Procedure of 5 June 2000, whereby the
Secretary-General shall
the measures necessary to
ensure the smooth running of the General Secretariat,

take all

Article 2

Only the following information shall be graded as

1.
classified, in one of the following categories:

Whereas:

(1) The European Council, meeting in Helsinki in December
1999, provided political
to developing the
European Union’s means for military and non-military
crisis management
reinforced
European security and defence policy.

framework of

impetus

in the

(2) It is therefore necessary to amend Decision No 24/95 of
the Secretary-General on measures for the protection of
classified information applicable to the General Secretariat
of the Council with regard to the grades of classification by
adding the grade (cid:145)TR¨S SECRET/TOP SECRET(cid:146) and by rein-
forcing internal arrangements, it being understood that this
amendment is provisional pending the adoption of more
complete measures in the near future.

(3) With a view to publication in the Official Journal,

it is
into a
aforementioned

amendments
the

necessary
consolidated
Decision No 24/95,

to incorporate
version

those
replacing

HAS ADOPTED THIS DECISION:

Article 1

(a) TR¨S SECRET/TOP SECRET:

information the unauthorised
disclosure of which could
serious
prejudice to the essential interests of the Union or to one
or more of its Member States;

extremely

cause

(b) SECRET: information the unauthorised disclosure of which
could seriously harm the essential interests of the Union or
of one or more of its Member States;

(c) CONFIDENTIEL (confidential): information the unauthorised
disclosure of which could harm the essential interests of the
European Union or of one or more of its Member States;

(d) RESTREINT

unauthorised
disclosure of which would be inappropriate or premature;

information

(restricted):

the

LIMITE and SN documents shall not be classified informa-
2.
tion within the meaning of this Decision. The references LIMITE
and SN shall apply to documents internal to the institution
which are not intended for disclosure to the public.

The same shall apply to other
General Secretariat
spondence, subject, where appropriate,
where protection is warranted,
Article 3(3).

for example
information,
in-house notes, documents or corre-
treatment
to

to special
in particular pursuant

This Decision lays down rules governing the arrangements for
classifying information processed or prepared at the General
Secretariat of the Council, enabling information so classified to

Disclosure of such documents and information shall require the
authorisation of the Director-General responsible.

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Official Journal of the European Communities

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Information shall be classified only in so far and for as
3.
long as necessary. Where the period of classification of
information has not been laid down, a decision on its main-
tenance or declassification shall be taken after no more than
five years.

Article 6

1.
The category in which information has been classified
shall be indicated by marking with a conspicuous stamp: for
documents, at the top and bottom of each page; for other
media, by means of a corresponding reference.

4.
Officials or other servants of the General Secretariat of
the Council shall classify information on instruction from, or
with the agreement of, their Directors-General.

Information classified as TR¨S SECRET/TOP SECRET or SECRET
shall,
in addition and using the same method, bear a serial
number so that its recipient may be identified.

Article 3

1. Where a number of items of information constitute a
whole, that whole shall be classified at least as highly as its
most highly classified constituent item.

2.
In the event of temporary classification, information shall
also bear an indication of the date beyond which it may be
regarded as declassified.

2.
The category in which information is classified when
transmitted to the General Secretariat by a national or inter-
national authority or body may not be altered except by that
authority or body. Where such information is particularly
sensitive, it shall be given special treatment by decison of the
Secretary-General.

3. Where the classification of information its changed,
shall be stamped with its new category.

it

Article 7

Information containing classified information shall be

3.
classified in the same category.

1.
The number of copies of an item of classified information
shall be limited to that strictly necessary for the requirements
of the service.

Article 4

1.
A classified document may have its classification down-
graded or be declassified (1) only with the written authorisation
of the authority from which the document originated and, if
necessary, after consultation with the other interested parties.
In urgent cases, authorisation may be given orally. It shall then
be confirmed immediately in writing.
the
authority from which the document originated to inform the
addressees of the change in classification and they shall in turn
be responsible for passing on this information to any further
addressees to whom they have forwarded the original or a copy
of the document.

It shall be for

2. Where possible, the authority from which the document
originated shall indicate on the classified document the date or
lapse of time after which the information contained therein
may have its classification downgraded or be declassified.
the situation is
Otherwise,
monitored permanently to check that the original classification
is still applicable.

the authority shall ensure that

Article 5

Directors-General shall take all appropriate steps to protect
it circulates and is
classified information, ensuring that
the
distributed only as far as it
requirements of the service.

is strictly necessary for

The reproduction of all or part of an item of information
2.
classified as TR¨S SECRET/TOP SECRET, SECRET or CONFIDENTIEL
shall not be permitted except with the agreement of
the
Director-General responsible.

If classified information is reproduced under conditions which
ensure its protection.

Recipients of classified information shall receive no more

3.
than one copy each.

4. Without prejudice to Article 14(1) of the Council’s Rules
of Procedure, documents classified as TR¨S SECRET/TOP SECRET
or SECRET shall not be translated unless the Secretary-General
or the Director-General responsible, acting on the Secretary-
General’s authority, decides otherwise.

Translations of classified information shall be protected

5.
under the same conditions as originals.

Article 8

(1) The term (cid:145)downgrading(cid:146) refers to a reduction in the category in
which information is classified. The term (cid:145)declassification(cid:146) refers to
the removal of any classification.

Under the authority of the Director-General for Personnel and
Administration, the Security Department shall be responsible
for:

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Official Journal of the European Communities

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(cid:151) instructing staff on their duties with regard to the

(cid:151) the subject,

protection of classified information,

(cid:151) applying physical protection measures,

(cid:151) the number,

(cid:151) ensuring compliance with this Decision,

(cid:151) the number of copies circulated.

(cid:151) reporting to the Secretary-General any problem or difficulty

encountered in applying this Decision.

Article 9

The

Classified

1.
shall monitor
information classified as TR¨S SECRET/TOP SECRET or SECRET
or CONFIDENTIEL contained in Council documents.

Information Office

Under the authority of the Director-General for Personnel and
Administration it shall:

(cid:151) manage operations

repro-
duction, translation, transmission, dispatch and destruction
of such information,

relating to the registration,

Article 10

1.
In each department the Director-General shall appoint a
correspondent responsible for security (hereinafter referred to
as the (cid:145)security correspondent(cid:146)), who shall take the measures
required for the protection of information classified as TR¨S
SECRET/TOP SECRET, SECRET and CONFIDENTIEL.

2.
Each security correspondent shall, in agreement with the
Security Department and the Classified Information Office, lay
down measures for the protection of Council documents to be
applied in his department. To that end, the security corre-
spondent shall:

(cid:151) communicate to the Classified Information Office the

particulars listed in Article 9(2),

(cid:151) update the list of particulars on classified information,

(cid:151) advise the Security Department of the holding of meetings

at which such information is to be discussed,

(cid:151) periodically question issuers on the need to maintain the

classification of such information,

(cid:151) lay down, in collaboration with the Security Department,
the practical arrangements for classifying and declassifying
information.

The Classified Information Office shall keep a register of

2.
the following particulars:

(cid:151) the date of preparation of the classified information,

(cid:151) the category of classification,

(cid:151) the expiry date of the classification,

(cid:151) the name and department of the issuer,

(cid:151) examine whether it is necessary to maintain classification
once a period of five years has passed since the information
was prepared,

(cid:151) ensure that classified information is stored and forward it to

central archives once it has been declassified.

Article 11

1.
Any item of information which is to be classified as TR¨S
SECRET/TOP SECRET or SECRET shall be prepared in a room
providing adequate protection.

Information classified as TR¨S SECRET/TOP SECRET, SECRET
2.
or CONFIDENTIEL prepared by word processor shall be prepared
on individual machines not connected to the normal computer
network. Such information may in no case be stored in the
memory of the machine.

(cid:151) the recipient or recipients, with serial number,

Diskettes

3.
containing classified information shall be
protected under the same conditions as documents having
the same classification category.

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Article 12

(cid:151) by electronic means, provided that the addressee receives

1. When classified information is to circulate within a
building or between buildings, precautions shall be taken for
its protection.

2. When information classified as TR¨S SECRET/TOP SECRET
or SECRET is dispatched, the following procedures shall apply:

(cid:151) by authorised messenger with acknowledgement of receipt;
the information shall be enclosed in a double envelope, the
the inner
outer envelope without any distinctive sign,
envelope sealed and marked TR¨S SECRET/TOP SECRET or
SECRET,

(cid:151) in encrypted form, according to a system approved by the
Security Department and, if necessary, after verification by
telephone,

(cid:151) in each of the above cases the recipient shall be indicated

by name.

3. When information classified as CONFIDENTIEL is dispat-
ched, the following procedures shall apply:

the information personally,

(cid:151) in each of the above cases the recipient shall be indicated

by name.

The transmission of information classified as CONFIDEN-
5.
TIEL and RESTREINT to interpreters shall be the responsibility of
the Conference Service, subject to the following conditions:

(cid:151) each booth shall receive one copy of each document,

(cid:151) documents shall be distributed just before the subject in

question is discussed in the meeting room,

(cid:151) all documents shall be recovered at the end of the meeting.

Information classified as TR¨S SECRET/TOP SECRET or
6.
SECRET shall be communicated to interpreters and recovered
from them by the security correspondent.

Article 13

(cid:151) by internal mail enclosed in a double envelope, the outer
envelope without any external distinctive sign, the inner
envelope marked CONFIDENTIEL,

1.
The transportation of classified information on missions
or for meetings taking place outside the buildings in which the
information is held shall be limited to what is strictly necessary
for the requirements of the service.

(cid:151) by registered post with acknowledgement of receipt or by
private courier service; in this case, the information shall be
enclosed in a double envelope and CONFIDENTIEL marked
on the inner envelope only,

(cid:151) in encrypted form,

No information classified as TR¨S SECRET/TOP SECRET or
2.
SECRET may be circulated outside the territories of the Member
States except by diplomatic bag. Such information may excep-
tionally be transported by an official or other servant of the
General Secretariat on instruction from, or with the agreement
of, his Director-General.

(cid:151) in each of the above cases the recipient shall be indicated

by name.

4. When information classified as RESTREINT is dispatched,
the following procedures shall apply:

(cid:151) by internal mail: in a plain envelope without any external

distinctive sign,

Classified

3.
outside Council
buildings shall be permanently kept in conditions affording
every guarantee of security.

information

transported

Article 14

1.
No classified information shall be left uncovered at any
place of work. At no time shall such information be left
unsupervised, even for a short time.

(cid:151) by post:
sign,

in an envelope without any external distinctive

Information classified as TR¨S SECRET/TOP SECRET, SECRET
2.
or CONFIDENTIEL shall be stored in furniture the strength and
locks of which have been recognised as reliable by the Security
Department.

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Information classified as RESTREINT shall be kept in furniture
that may be locked.

Secretary-General shall be informed of the outcome of such
investigation.

Article 15

Article 17

Time-expired or surplus copies of classified information

1.
shall be destroyed.

The destruction of classified information shall be carried
2.
out by means of shredding machines or any other process
approved by the Security Department.

Classified information may be passed to the
Department for destruction.

Security

For information classified as TR¨S SECRET/TOP SECRET or
3.
SECRET, a document shall be drawn up jointly by the Security
Department and the security correspondent, confirming that it
has been destroyed; the security correspondent shall send the
document to the Classified Information Office.

Article 16

Any suspected, reported or established infringement of this
Decision shall be investigated by the Security Department at
the
the request of
and Administration. The
Director-General

the Director-General concerned or of

Personnel

for

This Decision shall be published in the Official Journal of the
European Communities. It shall enter into force on the day of its
publication. It shall apply only to information and documents
processed and prepared at the General Secretariat from that
date.

Article 18

Decision No 24/95 of the Secretary-General of the Council of
30 January 1995 on measures for the protection of classified
information applicable to the General Secretariat of the Council
is hereby repealed.

Done at Brussels, 27 July 2000.

For

Javier SOLANA

Secretary-General/High Representative

Pierre DE BOISSIEU

Deputy Secretary-General