Agreement between the European Space Agency and the European Union on the security and exchange of classified information
Date: 2008-07-18
Institutions: European Space Agency, European Union
Subjects: European Space Agency, agreement (EU), confidentiality, exchange of information, ratification of an agreement

14.8.2008

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Official Journal of the European Union

L 219/59

between the European Space Agency and the European Union on the security and exchange of
classified information

AGREEMENT

THE EUROPEAN SPACE AGENCY,

hereinafter referred to as ‘ESA’, represented by its Director-General,

and

THE EUROPEAN UNION,

hereinafter referred to as ‘the EU’, represented by the Presidency of the Council of the European Union,

Hereinafter referred to as ‘the Parties’,

HAVING REGARD to the Treaty on European Union,

HAVING REGARD to the Convention for the Establishment of a European Space Agency, which was signed in Paris on
30 May 1975 and entered into force on 30 October 1980,

HAVING REGARD to the Agreement between the States Parties to the Convention for the Establishment of a European
Space Agency and the European Space Agency concerning the protection and exchange of classified information, which
was signed in Paris on 19 August 2002 and entered into force on 20 June 2003,

CONSIDERING that ESA and the EU share the objectives to strengthen their own security in all ways,

CONSIDERING that ESA and the EU agree that cooperation should be developed between them on questions of common
interest relating to security and that a resolution on European Space Policy was approved by both the Council of the
European Union and the Council of ESA on 22 May 2007 which emphasises, inter alia, the need to improve synergies in
the domain of security,

CONSIDERING that, in this context, a permanent need therefore exists to exchange classified information between ESA
and the EU,

RECOGNISING that full and effective consultation and cooperation may require access to ESA and EU classified infor­
mation, as well as the exchange of classified information between ESA and the EU,

CONSCIOUS of the fact that such access to and exchange of classified information 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, the Agreement between the
European Space Agency and the European Union on the
security and exchange of classified information (hereinafter the
Agreement) shall apply to classified information as defined in
Article 2 provided or exchanged between the Parties.

form) or material,

communicated in whatever
including
documents, determined by either Party to require protection
against unauthorised disclosure
and which has been so
designated by a security classification (hereinafter classified
information).

Article 2
For the purposes of this Agreement, ‘classified information’ shall
mean any information (namely knowledge which may be

(a)

‘ESA’ shall mean the European Space Agency;

For the purposes of this Agreement,

Article 3

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(b) ‘EU’ shall mean the Council of the European Union (here­
inafter the Council), the Secretary-General/High Representa­
tive and the General Secretariat of the Council, and the
Commission of
(hereinafter
the European Commission).

the European Communities

Each Party shall:

Article 4

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

this Agreement keeps

(b) ensure that classified information provided or exchanged
under
the security classification
given to it by the providing Party. The receiving Party
shall protect and safeguard such classified information
according to the provisions set out
in its own security
regulations for classified information holding an equivalent
security
security
as
arrangements to be established pursuant to Article 11;

classification,

specified

the

in

(c) not use

to this
such classified information subject
Agreement for purposes other than those established by
the providing Party;

(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 providing Party;

Article 6

Each of the Parties, and entities thereof as defined in Article 3 of
this Agreement, shall ensure that it has a security system and
security measures in place, based on the basic principles and
minimum standards of security laid down in its respective rules
or regulations, and reflected in the arrangements to be estab­
lished pursuant
in order to ensure that an
equivalent level of protection is applied to classified information
subject to this Agreement.

to Article 11,

Article 7

functions may afford access,

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

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

The Parties shall provide mutual assistance with regard to the
security of classified information subject to this Agreement and
matters of common security interest. Reciprocal security consul­
tations and inspections shall be conducted by the authorities
referred to in Article 11 to assess the effectiveness of
the
security arrangements within their respective responsibility to
be established pursuant to that Article.

(e) not allow access to such classified information to individuals
unless they have a need to know and, where needed, have
been security-cleared to the necessary level.

1.

For the purpose of this Agreement

Article 9

Article 5

1.
in
Classified information may be disclosed or released,
accordance with the principle of originator control, by one
Party (the providing Party), to the other Party (the receiving
Party).

(a) As regards the EU:

all correspondence shall be sent
following address:

to the Council at

the

2.
Release or disclosure of classified information to recipients
other than those referred to in Article 3 shall require a decision
by the receiving Party after obtaining the written 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.

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.

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(b) As regards ESA,

information provided or exchanged under
within the European Commission and its premises.

this Agreement

all correspondence shall be sent to the following address:

ESA Security Office
Via Galileo Galilei
I-00044 Frascati.

that Party may,
accessible

for operational
to only specific

2.
Exceptionally, correspondence from one Party which is
accessible to only 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, or the Chief Registry
the European Commission Security Directorate
Officer of
when such information is
European
Commission. As far as ESA is concerned, such correspondence
shall be transmitted through the ESA Security Office.

addressed to the

Article 10

The Director-General of ESA, and the Secretary-General of the
Council
the European Commission
responsible for security matters shall oversee the implemen­
tation of this Agreement.

and the Member of

Article 11

In

to

order

implement

this Agreement,

security
1.
arrangements shall be established between the three authorities
designated in paragraphs 2, 3 and 4 in order to lay down the
standards for the reciprocal security protection and safeguarding
of classified information provided or exchanged under this
Agreement.

The ESA Security Office, under

the
2.
security
Director-General
arrangements for the protection and safeguarding of classified
information provided to or exchanged with ESA under this
Agreement.

the authority of

develop

ESA,

shall

the

of

The Security Office of

the General Secretariat of

3.
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 shall develop the security arrangements
for the protection and safeguarding of classified information
provided to or exchanged with the European Union under
this Agreement.

the authority of

The European Commission Security Directorate, acting
4.
under
the Commission
responsible for security matters, shall develop the security
arrangements for the protection and safeguarding of classified

the Member of

For ESA,

5.
paragraph 1 shall be subject to approval by its Council.

security arrangements

the

referred to in

For the EU,

6.
paragraph 1 shall be subject
Security Committee.

the security arrangements referred to in
to approval by the Council

Article 12

to be

referred to in Article 11 shall

establish
The authorities
procedures
event of proven or
suspected compromise of classified information subject to this
Agreement,
the
circumstances and action taken.

including notification to the other Party of

followed in the

Article 13

Each Party shall be responsible for bearing its own costs
incurred in implementing this Agreement.

Article 14

Prior to providing or exchanging classified information subject
to this Agreement between the Parties, the responsible security
authorities referred to 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 that Article.

Article 15

This Agreement shall not prevent the Parties from concluding
other Agreements relating to the provision or exchange of
classified information subject to this Agreement provided that
they do not conflict with the provisions of this Agreement.

Article 16

Any differences between ESA and the EU arising out of the
interpretation or application of
shall be
addressed by negotiation between the Parties.

this Agreement

Article 17

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

the internal procedures necessary for

2.
Each Party shall notify the other Party of any changes in
its rules and regulations that could affect the protection of
classified information referred to in this Agreement.

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This Agreement may be reviewed for consideration of possible amendments at the request of either

3.
Party.

Any amendment to this Agreement shall be made in writing only and by common agreement of the

4.
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 giving written notice of denunciation to the other
Party. Such denunciation 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 the undersigned, respectively duly authorised, have signed this Agreement.

Done at Brussels, this 18th day of July 2008 in two copies each in the English language.

For the European Union

Secretary-General

J. SOLANA MADARIAGA

For the European Space Agency

Director-General

J.-J. DORDAIN