2008/836/: Decision of the Representatives of the Governments of the Member States of 29 October 2008 on the treatment of documents of EU civilian crisis management missions and military operations
Date: 2008-10-29
Institutions: Representatives of the Governments of the Member States
Subjects: European Community, access to information, information processing, international conflict, military intervention, peacekeeping

L 299/34

EN

Official Journal of the European Union

8.11.2008

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

CONFERENCE OF THE REPRESENTATIVES
OF THE GOVERNMENTS OF THE MEMBER STATES

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES

of 29 October 2008

on the treatment of documents of EU civilian crisis management missions and military operations

(2008/836)

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER
STATES OF THE EUROPEAN UNION,

Whereas:

documents of terminated, on-going and future civilian crisis
management missions
conducted
under the auspices of the Council shall, upon termination of
the missions and operations, be archived by the GSC and
henceforth be considered as documents held by the Council.

and military operations

Insofar as documents of European Union civilian crisis
management missions and military operations are not
held by an institution,
fall within the
scope of Community law regarding historical archives
and public access to documents.

they do not

2.
The documents referred to in paragraph 1 shall not
include documentation relating to staff issues, contracts with
thereto, or
third parties
ephemeral documents.

documentation pertaining

and

(1)

(2)

it

is

that

appropriate

Since such documents relate to the areas of activity of
such
the European Union,
documents be archived by the General Secretariat of
the Council (GSC). These documents should henceforth
be considered as documents held by the Council and
should come within the scope of Regulation (EC) No
1049/2001 regarding
European
public
Parliament, Council and Commission documents (1) and
Council Regulation (EEC, Euratom) No 354/83 of
1 February 1983 concerning the opening to the public
the European Economic
of
Community
Energy
Community (2),

the historical archives of
and

European Atomic

access

the

to

HAVE DECIDED AS FOLLOWS:

Article 1

For

1.
applying Regulation (EC) No
1049/2001 and Regulation (EEC, Euratom) No 354/83,

the purposes of

3.
The GSC shall ensure that documents classified by
Member States or other authorities are protected in accordance
with the Council’s Security Regulations adopted by Council
Decision 2001/264/EC (3).

The Member States shall assist

4.
copies of the documents referred to in paragraph 1.

the GSC in obtaining

5.
The documents referred to in paragraph 1 shall be held in
a specific location of the Archives. The personnel handling these
documents shall receive training on European Security and
Defence Policy documents and on the handling of classified
information in this context.

(1) OJ L 145, 31.5.2001, p. 43.
(2) OJ L 43, 15.2.1983, p. 1.

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

8.11.2008

EN

Official Journal of the European Union

L 299/35

This Decision shall enter into force on the day following its publication in the Official Journal of the European
Union.

Article 2

Done at Brussels, 29 October 2008.

The President

P. SELLAL