Agreement between the former Yugoslav Republic of Macedonia and the European Union on the security procedures for the exchange of classified information
Date: 2005-03-25
Institutions: European Union, North Macedonia
Subjects: North Macedonia, agreement (EU), confidentiality, data protection, disclosure of information, exchange of information

13.4.2005

EN

Official Journal of the European Union

L 94/39

between the former Yugoslav Republic of Macedonia and the European Union on the security
procedures for the exchange of classified information

AGREEMENT

THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,

represented by its Government,

of the one part,

and

THE EUROPEAN UNION, hereinafter referred to as ‘the EU’,

represented by the Presidency of the Council of the European Union,

of the other part,

Hereinafter referred to as ‘the Parties’,

MINDFUL OF the shared commitment to the stabilisation and association process that will remain the framework for the
European course of the former Yugoslav Republic of Macedonia all the way to its future accession to the EU;

CONSIDERING THAT the Parties share the objectives to strengthen their own security in all ways and to provide their
citizens with a high level of safety within an area of security;

CONSIDERING THAT the Parties agree that consultations and cooperation should be developed between them on
questions of common interest relating to security;

CONSIDERING THAT, in this context, a permanent need therefore exists to exchange classified information between the
Parties;

RECOGNISING THAT full and effective consultation and cooperation may require access to either Party, classified
information and material, as well as the exchange of classified information and related material between the Parties;

CONSCIOUS THAT such access to and exchange of classified information and related material requires appropriate
security measures;

HAVE AGREED AS FOLLOWS:

Article 1

In order to fulfil the objectives of strengthening the security of
each of the Parties in all ways, this Agreement shall apply to
classified information or material in any form either provided or
exchanged between the Parties.

Article 2

For the purposes of this Agreement, classified information shall
mean any information (namely, knowledge that can be commu-
nicated in any form) or material determined to require

protection against unauthorised disclosure and which has been
so designated by a security classification (hereinafter referred to
as classified information).

Article 3

For the purposes of this Agreement, ‘EU’ shall mean the Council
of the European Union (hereinafter referred to as the Council),
the Secretary-General/High Representative and the General
the
Secretariat of
European Communities
the
European Commission).

the Council, and the Commission of
as

(hereinafter

referred

to

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Official Journal of the European Union

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Article 4

Article 7

Each Party shall:

(a) protect and safeguard classified information subject to this
Agreement provided or exchanged by the other Party;

(b) ensure that classified information subject to this Agreement
provided or exchanged keeps the security classification given
to it by the providing Party. The receiving Party shall protect
and safeguard the classified information according to the
provisions set out in its own security regulations for infor-
mation or material holding an equivalent security classifi-
cation, as specified in the security arrangements to be estab-
lished pursuant to Articles 11 and 12;

(c) not use

to this
such classified information subject
Agreement for purposes other than those established by
the originator and those for which the information is
provided or exchanged;

functions may afford access,

1.
in the
The Parties shall ensure that all persons who,
conduct of their official duties require access, or whose duties
or
to classified information
provided or exchanged under this Agreement are appropriately
security cleared before they are granted access to such infor-
mation.

2.
The security clearance procedures shall be designed to
determine whether an individual can, taking into account his
or her loyalty, trustworthiness and reliability, have access to
classified information.

Article 8

The Parties shall provide mutual assistance with regard to
security of classified information subject
to this Agreement
and matters of common security interest. Reciprocal security
consultations and inspections shall be conducted by the autho-
rities as defined in Article 11 to assess the effectiveness of the
Security Arrangements within their respective responsibility to
be established pursuant to Articles 11 and 12.

(d) not disclose such classified information subject

to this
Agreement to third parties, or to any EU institution or
entity not mentioned in Article 3, without
the prior
consent of the originator.

Article 9

1.

For the purpose of this Agreement

Article 5

(a) as regards the EU:

1.
in
Classified information may be disclosed or released,
accordance with the principle of originator control, by one
‘the receiving
Party,
Party’.

‘the providing Party’, to the other Party,

all correspondence shall be sent
following address:

to the Council at

the

For release to recipients other than the Parties to the
2.
present Agreement, a decision on disclosure or release of clas-
sified information shall be made by the receiving Party
following the consent of the providing Party,
in accordance
with the principle of originator control as defined in its
security regulations.

In implementing paragraphs 1 and 2, no generic release
3.
shall be possible unless procedures are established and agreed
between the Parties regarding certain categories of information,
relevant to their operational requirements.

Article 6

Each of the Parties, and entities thereof as defined in Article 3,
shall have a security organisation and security programmes,
based upon such basic principles and minimum standards of
security which shall be implemented in the security systems of
the Parties to be established pursuant to Articles 11 and 12, to
ensure that an equivalent level of protection is applied to clas-
sified information subject to this Agreement.

Council of the European Union
Chief Registry Officer
Rue de la Loi/Wetstraat, 175
B-1048 Brussels.

All correspondence shall be forwarded by the Chief Registry
Officer of the Council to the Member States and to the
European Commission subject to paragraph 2.

(b) as regards the former Yugoslav Republic of Macedonia:

all correspondence shall be addressed to the Central Registry
Officer of the Directorate for Security of Classified Infor-
mation and forwarded where appropriate, via the Mission of
that State to the European Communities, at the following
address:

Registry Officer
Avenue Louise 209A
B-1050 Brussels.

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for operational

that Party may,

Exceptionally, correspondence from one Party which is
2.
only accessible to specific competent officials, organs or
reasons, be
services of
addressed and only be
competent
the other Party specifically
officials, organs or services of
designated as recipients, taking into account their competencies
and according to the need to know principle. As far as the EU is
concerned, this correspondence shall be transmitted through the
Chief Registry Officer of the Council.

to specific

accessible

Article 10

As regards the former Yugoslav Republic of Macedonia, the
the Directorate for Security of Classified Infor-
Director of
mation, and the Secretaries-General of the Council and of the
European Commission shall oversee the implementation of this
Agreement.

Article 11

In order to implement this Agreement:

1. as regards the Former Yugoslav Republic of Macedonia, the
Directorate for Security of Classified Information, acting in
the name of its government and under its authority, shall be
responsible for developing Security Arrangements for the
information
protection and
provided to it;

safeguarding of

classified

2. the General Secretariat of the Council Security Office (here-
inafter referred to as ‘the GSC Security Office’), under the
the
direction and on behalf of
Council, acting in the name of the Council and under its
authority shall be
for developing Security
Arrangements for the protection and safeguarding of clas-
sified information provided to the EU under this Agreement;

the Secretary General of

responsible

3. the European Commission Security Directorate, acting in the
name of the European Commission and under its authority,
shall be responsible for developing Security Arrangements
for the protection of classified information provided or
exchanged under
this Agreement within the European
Commission and its premises.

Article 12

The Security Arrangements to be established pursuant to Article
11 in agreement between the three Offices concerned shall lay
down the standards of the reciprocal security protection for
classified information subject to this Agreement. For the EU,
these standards shall be subject to approval by the Council
Security Committee. For
the former Yugoslav Republic of
Macedonia, these standards shall be subject to approval by the
the Directorate for Security of Classified Infor-
Director of
mation.

Article 13

The Authorities defined in Article 11 shall establish procedures
to be followed in the case of proven or suspected compromise
of classified information subject to this Agreement.

Article 14

Prior to the provision of classified information subject to this
Agreement between the Parties, the responsible security autho-
rities defined in Article 11 must agree that the receiving Party is
able to protect and safeguard the information subject to this
Agreement in a way consistent with the arrangements to be
established pursuant to Articles 11 and 12.

Article 15

This Agreement in no way prevents the Parties from concluding
other Agreements relating to the provision or exchange of clas-
sified information subject to this Agreement provided that they
do not conflict with the provisions of this Agreement.

Article 16

All differences between the EU and the former Yugoslav
Republic of Macedonia arising out of the interpretation or appli-
cation of this Agreement shall be dealt with by negotiation
between the Parties.

Article 17

This Agreement shall enter into force on the first day of
1.
the first month after the Parties have notified each other of the
completion of
this
purpose.

the internal procedures necessary for

This Agreement may be reviewed for consideration of

2.
possible amendments at the request of either Party.

3.
Any amendment to this Agreement shall only be made in
writing and by common agreement of the Parties. It shall enter
into force upon mutual notification as provided under
paragraph 1.

Article 18

This Agreement may be denounced by one Party by written
notice of denunciation given to the other Party. Such denun-
ciation shall take effect six months after receipt of notification
by the other Party, but shall not affect obligations already
contracted under the provisions of this Agreement. In particular,
all classified information provided or exchanged pursuant to
this Agreement shall continue to be protected in accordance
with the provisions set forth herein.

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Official Journal of the European Union

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A. Letter from the European Union

Skopje, 25 March 2005

The Government of the former Yugoslav Republic of Macedonia

Sir,

I have the honour to propose that, if it is acceptable to your Government, this letter and your confirmation
shall together take the place of signature of the Agreement between the European Union and the former
Yugoslav Republic of Macedonia on the security procedures for the exchange of classified information.

The text of the aforementioned Agreement, herewith annexed, has been approved by Decision of the
Council of the European Union on 24 January 2005.

This letter also constitutes the notification, on behalf of the European Union, in accordance with Article
17(1) of the Agreement.

Please accept, Sir, the assurance of my highest consideration.

For the European Union

Michael SAHLIN
EU Special Representative

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Official Journal of the European Union

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B. Letter from the former Yugoslav Republic of Macedonia

Skopje, 25 March 2005

(courtesy translation)

Sir,

On behalf of the Government of the Republic of Macedonia I have the honour to acknowledge receipt of
your letter of today’s date regarding the signature of the Agreement between the Republic of Macedonia and
the European Union on the security procedures for the exchange of classified information, together with the
attached text of the Agreement.

I consider this Exchange of Letters as equivalent of signature.

However, I declare that the Republic of Macedonia does not accept the denomination used for my country
in the abovementioned Agreement, having in mind that the constitutional name of my country is the
Republic of Macedonia.

Please accept, Sir, the assurances of my highest consideration.

Dr Stojan SLAVESKI
Director

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C. Letter from the European Union

Skopje, 25 March 2005

Sir,

I have the honour to acknowledge receipt of your letter of today’s date.

The European Union notes that the Exchange of Letters between the European Union and the former
Yugoslav Republic of Macedonia, which takes the place of signature of
the Agreement between the
European Union and the former Yugoslav Republic of Macedonia on the security procedures for the
exchange of classified information, has been accomplished and that this cannot be interpreted as acceptance
or recognition by the European Union in whatever form or content of a denomination other than the
‘former Yugoslav Republic of Macedonia’.

Please accept, Sir, the assurance of my highest consideration.

For the European Union

Michael SAHLIN
EU Special Representative