Agreement between the Republic of Croatia and the European Union on security procedures for the exchange of classified information
Date: 2006-04-10
Institutions: Croatia, European Union
Subjects: Croatia, agreement (EU), confidentiality, data protection, disclosure of information, exchange of information

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Official Journal of the European Union

29.4.2006

between the Republic of Croatia and the European Union on security procedures for the exchange
of classified information

AGREEMENT

THE REPUBLIC OF CROATIA,

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’,

CONSIDERING THAT the Parties share the objectives of strengthening their own security in all ways and of providing
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 the Parties' classified infor-
mation 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 require appropriate
security measures,

HAVE AGREED AS FOLLOWS:

Article 1

Article 4

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.

Each Party shall:

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
requiring
protection against unauthorised disclosure and which has been
so designated by a security classification (hereinafter ‘classified
information’).

recognised as

Article 3

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

(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 such classified information for purposes other than
those established by the originator and those for which the
information is provided or exchanged;

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(d) not disclose such classified information 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, a decision
2.
on disclosure or release of classified 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.

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

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

Article 6

The Republic of Croatia and the EU, and the entities of the
latter 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,
level of
protection is applied to classified information subject to this
Agreement.

to ensure that an equivalent

Article 7

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.

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

Article 8

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 Republic of Croatia:

all correspondence shall be addressed to

Republic of Croatia
Office of the National Security Council
Central Registry
Jurjevska 34
10000 Zagreb

via the Mission of the Republic of Croatia to the European
Communities, at the following address:

the Republic of Croatia to the European

Mission of
Communities
Sub-Registry Officer
Avenue des Arts 50
B-1000 Brussels.

for operational

that Party may,

2.
Exceptionally, correspondence from one Party which is
accessible only to specific competent officials, organs or
reasons, be
services of
addressed and be
competent
officials, organs or services of
the other Party specifically
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.

accessible only to specific

The Parties shall provide mutual assistance with regard to
to this Agreement
security of classified information subject
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.

Article 10

The Minister of Foreign Affairs and European Integration of the
Republic of Croatia, and the Secretaries-General of the Council
and of the European Commission shall oversee the implemen-
tation of this Agreement.

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Article 11

In order to implement this Agreement:

1. The Office of the National Security Council as the national
security authority of the Republic of Croatia, acting in the
name of the Government of the Republic of Croatia and
under
its authority, shall be responsible for developing
security arrangements for the protection and safeguarding
of classified information provided to the Republic of
Croatia under this Agreement.

2. The Security Office of the General Secretariat of the Council,
under the direction and on behalf of the Secretary-General of
the Council, acting in the name of the Council and under its
authority,
for developing security
arrangements for the protection and safeguarding of clas-
sified information provided to the EU under this Agreement.

responsible

shall be

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
classified information provided or
the protection of
this Agreement within the European
exchanged under
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.

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.

provided that they do not conflict with the provisions of this
Agreement.

Article 16

All differences between the Parties arising out of the interpre-
tation or application of this Agreement shall be dealt with by
negotiation between them.

Article 17

1.
This Agreement shall enter into force on the first day of
the first month following notification by the Parties to each
other in writing of the completion of the internal procedures
necessary for its entry into force.

This Agreement may be reviewed for consideration of

2.
possible amendment at the request of either Party.

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

Article 18

This Agreement may be denounced by either 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.

IN WITNESS WHEREOF
authorised, have signed this Agreement.

the undersigned,

respectively duly

Article 14

Done at Luxembourg, this tenth day of April in the year two
thousand and six, in two originals each in the English language.

Prior to the provision of classified information subject to this
Agreement between the Parties, the responsible security autho-
rities defined in Article 11 shall 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

the Parties from
This Agreement shall
concluding other Agreements
relating to the provision or
exchange of classified information subject to this Agreement

in no way prevent

For the Republic of Croatia

For the European Union