Interinstitutional Agreement of 20 November 2002 between the European Parliament and the Council concerning access by the European Parliament to sensitive information of the Council in the field of security and defence policy
Date: 2002-11-20
Institutions: Council of the European Union, European Parliament
Subjects: European Parliament, common foreign and security policy, confidentiality, document, information processing, provision of documents

30.11.2002

EN

Official Journal of the European Communities

C 298/1

I

(Information)

EUROPEAN PARLIAMENT

COUNCIL

INTERINSTITUTIONAL AGREEMENT

of 20 November 2002

between the European Parliament and the Council concerning access by the European Parliament
to sensitive information of the Council in the field of security and defence policy

(2002/C 298/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL,

HAVE CONCLUDED THIS INTERINSTITUTIONAL AGREEMENT:

Whereas:

1. Scope

the

(1) Article 21 of the Treaty on European Union states that the
Council Presidency shall consult the European Parliament
on the main aspects and the basic choices of the common
foreign and security policy and shall ensure that the views
taken into
of
European
the
consideration. That Article
European Parliament shall be kept regularly informed by
the Council Presidency and the Commission of the devel-
opment of the common foreign and security policy. A
mechanism should be introduced to ensure that these prin-
ciples are implemented in this field.

also stipulates

Parliament

duly

that

are

(2) In view of the specific nature and the especially sensitive
content of certain highly classified information in the field
of security and defence policy, special arrangements should
be introduced for the handling of documents containing
such information.

the European Parliament and of

(3) In conformity with Article 9(7) of Regulation (EC) No
1049/2001 of
the
Council of 30 May 2001 regarding public access
to
European
Commission
documents (1),
is to inform the European
Parliament regarding sensitive documents as defined in
Article 9(1) of
that Regulation in accordance with
arrangements agreed between the institutions.

the Council

Parliament,

Council

and

(4) In most Member States there are specific mechanisms for
the transmission and handling of classified information
between governments and national parliaments. This Inter-
the European
institutional Agreement
Parliament with treatment
inspired by best practices in
Member States,

should provide

Parliament

1.1. This Interinstitutional Agreement deals with access by the
European
i.e.
to
information classified as TRÈS SECRET/TOP SECRET,
SECRET or CONFIDENTIEL, whatever its origin, medium
or state of completion, held by the Council in the field of
security
and the handling of
documents so classified.

and defence policy

information,

sensitive

1.2. Information originating from a third State or international
organisation shall be transmitted with the agreement of
that State or organisation.

Where information originating from a Member State is
transmitted to the Council without explicit restriction on
its dissemination to other institutions other than its classi-
fication, the rules in sections 2 and 3 of this Interinstitu-
tional Agreement shall apply. Otherwise, such information
shall be transmitted with the agreement of the Member
State in question.

In the case of a refusal of the transmission of information
originating from a third State, an international organi-
sation or a Member State,
the Council shall give the
reasons.

1.3. The provisions of this Interinstitutional Agreement shall
apply in accordance with applicable law and without
prejudice to Decision 95/167/EC, Euratom, ECSC of the
European Parliament, the Council and the Commission of
19 April 1995 on the detailed provisions governing the
exercise of the European Parliament's right of inquiry (2)
and without prejudice to existing arrangements, especially
the Interinstitutional Agreement of 6 May 1999 between
the European Parliament, the Council and the Commission
the
on budgetary
budgetary procedure (3).

and improvement of

discipline

(1) OJ L 145, 31.5.2001, p. 43.

(2) OJ L 113, 19.5.1995, p. 2.
(3) OJ C 172, 18.6.1999, p. 1.

C 298/2

EN

Official Journal of the European Communities

30.11.2002

2. General rules

2.1. The two institutions shall act in accordance with their
mutual duties of sincere cooperation and in a spirit of
mutual trust as well as in conformity with the relevant
Treaty provisions. Communication and handling of the
information covered by this Interinstitutional Agreement
must have due regard for the interests which classification
is designed to protect, and in particular the public interest
as regards the security and defence of the European Union
or of one or more of its Member States or military and
non-military crisis management.

2.2. At the request of one of the persons referred to in point
3.1 below, the Presidency of the Council or the Secretary-
General/High Representative shall
inform them with all
due despatch of the content of any sensitive information
required for the exercise of the powers conferred on the
European Parliament by the Treaty on European Union in
Interinstitutional
the
in
Agreement,
matters
the
its Member
European Union or of one or more of
States or military and non-military crisis management,
in accordance with the arrangements
laid down in
section 3 below.

relating to the security and defence of

taking into account

the public interest

field covered by

the present

Where this is appropriate and possible in the light of the
nature and content of
the information or documents
concerned, these shall be made available to the President
of the European Parliament, who shall select one of the
following options:

(a)

information intended for
the
Committee on Foreign Affairs, Human Rights,
Common Security and Defence Policy;

chairman of

the

(b) access to information restricted to the members of the
Committee on Foreign Affairs, Human Rights,
Common Security and Defence Policy only;

(c) discussion in the Committee on Foreign Affairs,
and Defence
in accordance with
the

Human Rights, Common Security
Policy, meeting in camera,
arrangements which may vary by virtue of
degree of confidentiality involved;

(d) communication

from which
information has been expunged in the light of the
degree of secrecy required.

documents

of

3. Arrangements for access to and handling of sensitive

information

These options are not applicable if sensitive information is
classified as TRÈS SECRET/TOP SECRET.

3.1. In the context of this Interinstitutional Agreement, the
President of the European Parliament or the Chairman
of
the European Parliament's Committee on Foreign
Affairs, Human Rights, Common Security and Defence
Policy may request that the Presidency of the Council or
convey
the
information to this
in
European security and defence policy, including sensitive
information to which point 3.3 applies.

committee on developments

Secretary-General/High

Representative

3.2. In the event of a crisis or at the request of the President of
the European Parliament or of
the
Committee on Foreign Affairs, Human Rights, Common
Security and Defence Policy, such information shall be
provided at the earliest opportunity.

the Chairman of

3.3. In this

framework,

the President of

the European
Parliament and a special committee chaired by the
Chairman of the Committee on Foreign Affairs, Human
Rights, Common Security
and Defence Policy and
composed of four members designated by the Conference
of Presidents shall be informed by the Presidency of the
Council or the Secretary-General/High Representative of
the content of
is
required for the exercise of the powers conferred on the
European Parliament by the Treaty on European Union in
the
Interinstitutional
field covered by
the European Parliament
Agreement. The President of
and the special committee may ask to consult
the
documents in question on the premises of the Council.

the sensitive information where it

the present

As to information or documents classified as SECRET or
CONFIDENTIEL,
the
European Parliament of one of these options shall be
previously agreed with the Council.

the selection by the President of

The information or documents in question shall not be
published or forwarded to any other addressee.

4. Final provisions

4.1. The European Parliament and the Council, each for its
own part, shall
take all necessary measures to ensure
the implementation of this Interinstitutional Agreement,
including the steps required for the security clearance of
the persons involved.

4.2. The two institutions are willing to discuss comparable
Interinstitutional
classified
Agreements
information in other areas of the Council's activities, on
the understanding that the provisions of this Interinstitu-
tional Agreement do not constitute a precedent for the
Union's or the Community's other areas of activity and
shall not affect the substance of any other Interinstitu-
tional Agreements.

covering

4.3. This Interinstitutional Agreement shall be reviewed after
two years at the request of either of the two institutions in
the light of experience gained in implementing it.

30.11.2002

EN

Official Journal of the European Communities

C 298/3

Done at, Strasbourg on 20 November 2002.

For the European Parliament

The President

For the Council

The President

ANNEX

This Interinstitutional Agreement shall be implemented in conformity with the relevant applicable regulations and in
particular with the principle according to which the consent of the originator is a necessary condition for the trans-
mission of classified information as laid down in point 1.2.

Consultation of sensitive documents by the members of the Special Committee of the European Parliament shall take
place in a secured room at the Council premises.

This Interinstitutional Agreement shall enter into force after the European Parliament has adopted internal security
measures which are in accordance with the principles laid down in point 2.1 and comparable to those of the other
institutions in order to guarantee an equivalent level of protection of the sensitive information concerned.