Decision of the European Parliament of 23 October 2002 on the implementation of the Interinstitutional Agreement governing European Parliament access to sensitive Council information in the sphere of security and defence policy
Date: 2002-10-23
Institutions: European Parliament
Subjects: European Parliament, access to information, common foreign and security policy, confidentiality, document, information processing, provision of documents

C 298/4

EN

Official Journal of the European Communities

30.11.2002

EUROPEAN PARLIAMENT

DECISION OF THE EUROPEAN PARLIAMENT

of 23 October 2002

on the implementation of the Interinstitutional Agreement governing European Parliament access
to sensitive Council information in the sphere of security and defence policy

THE EUROPEAN PARLIAMENT,

HAS DECIDED:

(2002/C 298/02)

having regard to Article 9, and in particular paragraphs 6 and
7 thereof, of Regulation (EC) No 1049/2001 of the European
Parliament and of the Council of 30 May 2001 regarding
public access to European Parliament, Council and Commission
documents (1),

Article 1

This Decision adopts the additional measures required to
governing
implement
Interinstitutional Agreement
European Parliament access to sensitive Council
information
in the sphere of security and defence policy.

the

having regard to Annex VII, part A, point 1 of its Rules of
Procedure,

having regard to Article 20 of the Bureau Decision of 28
November 2001 on public access to Parliament documents (2),

having regard to the Interinstitutional Agreement between the
European Parliament and the Council on European Parliament
access
information in the sphere of
security and defence policy (3),

to sensitive Council

having regard to the Bureau proposal,

having regard to the specific nature and the particularly
sensitive substance of
items of
information in the sphere of security and defence policy,

some highly confidential

whereas, in accordance with the provisions agreed between the
institutions, the Council is required to make information about
sensitive documents available to Parliament,

special

whereas the Members of the European Parliament who sit on
the
Interinstitutional
Agreement must be cleared for access to sensitive information
in accordance with the ‘need-to-know’ principle,

set up by

committee

the

receiving,

having regard to the need to lay down specific arrangements
for
sensitive
information forwarded by the Council, Member States, third
States or international organisations,

dealing with and

safeguarding

(1) OJ L 145, 31.5.2001, p. 43.
(2) OJ C 374, 29.12.2001, p. 1.
(3) OJ C 298, 30.11.2002.

Article 2

to

for

access

requests

Parliament's
sensitive Council
information shall be dealt with by the latter in a manner
consistent with its relevant rules. If the documents requested
have been drawn up by other institutions, Member States, third
countries or
shall be
international organisations,
forwarded only with the agreement of the institutions, States
or organisations concerned.

they

Article 3

the
The President of Parliament
implementation of the Interinstitutional Agreement within the
Institution.

shall be responsible for

In that connection, he/she shall take all the measures required
information received directly from the
to guarantee that
President of
the Secretary-General/High
Representative, or information obtained in the course of the
consultation of sensitive documents on the Council's premises,
is dealt with in a confidential manner.

the Council or

Article 4

the
When the President of Parliament or the chairman of
Committee on Foreign Affairs, Human Rights, Common
Security and Defence Policy asks the Council Presidency or
the Secretary-General/High Representative to supply sensitive
information to the special committee set up by the Interinsti-
tutional Agreement, that information shall be provided as soon
as possible. In that connection, Parliament shall fit out a room
specially designed for the holding of meetings to deal with
sensitive information. The room shall be chosen with a view
to guaranteeing a level of protection equivalent to that laid
type of meeting by Council Decision
down for
2001/264/EC of 19 March 2001 (4) adopting the Council's
security regulations.

this

(4) OJ L 101, 11.4.2001, p. 1.

30.11.2002

EN

Official Journal of the European Communities

C 298/5

Article 5

The information meeting chaired by the President of Parliament
or by the chairman of the abovementioned committee shall be
held in camera.

With the exception of the four Members appointed by the
Conference of Presidents, only those officials who, by virtue
of their duties or in accordance with operational requirements,
have been cleared and authorised to enter it subject to the
‘need-to-know’ principle shall have access to the meeting room.

In that connection,

to maintain confidentiality. Any
bound by the requirement
Member who breaches that requirement shall be replaced on
the special committee by another Member designated by the
Conference of Presidents.
the Member
guilty of a breach of the requirement may, prior to his/her
exclusion from the special committee, be heard by the
Conference of Presidents, which shall hold a special meeting
in camera. In addition to his/her exclusion from the special
committee, the Member responsible for leaking information
judicial proceedings
may,
pursuant to the relevant legislation in force.

if appropriate, be the subject of

Article 6

Article 11

Pursuant to paragraph 3.3 of the abovementioned Interinstitu-
tional Agreement, when the President of Parliament or the
chairman of
to
request
containing
sensitive information, that consultation shall be carried out
on the Council's premises.

abovementioned committee decides

authorisation to consult

documents

the

Documents shall be consulted on the spot in whatever version
they are available.

Officials duly cleared to have access to sensitive information in
accordance with the ‘need-to-know’ principle shall be bound by
the requirement to maintain confidentiality. Any official who
breaches that rule shall be the subject of an inquiry conducted
under the authority of the President and, if appropriate, disci-
plinary proceedings in accordance with the Staff Regulations.
Should judicial proceedings be initiated, the President shall take
all the measures required to enable the competent national
authorities to implement the appropriate procedures.

Article 7

Article 12

The Bureau shall be competent
to undertake any revision,
amendment or interpretation necessitated by the implemen-
tation of this Decision.

Article 13

This Decision shall be annexed to Parliament's Rules of
Procedure and shall enter into force on the day of its publi-
cation in the Official Journal of the European Communities.

For the European Parliament

The President

The Members of Parliament who are to attend information
meetings or have access to sensitive documents shall be the
subject of a clearance procedure similar to that undergone by
Members of the Council and Members of the Commission. In
that connection,
take the
requisite steps vis-à-vis the competent national authorities.

the President of Parliament shall

Article 8

Officials who are to have access to sensitive information shall
be cleared in accordance with the provisions laid down for the
other institutions. Officials cleared in this way subject to the
‘need-to-know’ principle shall be invited to attend the above-
mentioned information meetings or to peruse the documents
In that connection, the Secretary-General, after
in question.
consulting the competent Member State authorities,
shall
grant clearance on the basis of the security inquiry carried
out by those same authorities.

Article 9

The information obtained at such meetings or during the
consultation of such documents on the Council's premises
shall not be disclosed, disseminated or reproduced, either in
full or in part, in any form. By the same token, no recording of
particulars relating to the sensitive information provided by the
Council shall be authorised.

Article 10

The Members of Parliament designated by the Conference of
Presidents to have access to the sensitive information shall be