8.2.2022
EN
Official Journal of the European Union
C 67/199 Thursday 10 June 2021
Article 5 Provision of information to the Ombudsman 1.
For the purposes of this Article, ‘provision of information’ includes all physical and electronic means by which the Ombudsman and his or her secretariat are given access to information, including documents, independently of its form. 2.
‘EU classified information’ means any information or material designated by EU security classification, the unauthorised disclosure of which could cause varying degrees of prejudice to the interests of the Union or to those of one or more of the Member States. 3.
Subject to the conditions laid down in this Article, the Union institutions, bodies, offices and agencies and the competent authorities of the Member States shall, at the request of the Ombudsman or on their own initiative, and without undue delay, provide the Ombudsman with any information he or she has requested for the purposes of an inquiry.
4.
The Ombudsman shall be provided with EU classified information subject to the following principles and conditions:
(a) the Union institution, body, office or agency providing the EU classified information must have completed its relevant internal procedures and, where the originator is a third party, the latter must have given its prior written consent; (b) the Ombudsman’s ‘need to know’ must have been established; (c) it must be ensured that access to information classified CONFIDENTIEL UE/EU CONFIDENTIAL or above is granted only to persons holding a security clearance to the relevant security level in accordance with national law and authorised by the competent security authority. 5.
For the provision of EU classified information, the Union institution, body, office or agency concerned shall assess whether the Ombudsman has effectively put in place internal security rules as well as physical and procedural measures to protect EU classified information.
To this effect, the Ombudsman and a Union institution, body, office or agency may also enter into an arrangement establishing a general framework governing the provision of EU classified information. 6.
In accordance with paragraphs 4 and 5, access to EU classified information shall be provided in the premises of the Union institution, body, office or agency concerned, unless otherwise agreed with the Ombudsman. 7.
Without prejudice to paragraph 3, the competent authorities of the Member States may refuse to provide the Ombudsman with information covered by national law on protection of classified information or by provisions preventing its communication.
Nonetheless, the Member State concerned may provide such information to the Ombudsman subject to conditions set out by its competent authority. 8.
Where the Union institutions, bodies, offices or agencies and the authorities of the Member States intend to provide the Ombudsman with EU classified information or any other information which is not accessible to the public, they shall give the Ombudsman advance notice thereof.
The Ombudsman shall ensure that such information is adequately protected and in particular shall not disclose it to the complainant or to the public without the prior consent of the Union institution, body, office or agency or the competent authority of the Member State concerned.
As regards EU classified information, the consent shall be given in writing. 9.
The Union institutions, bodies, offices or agencies refusing access to EU classified information shall provide the Ombudsman with a justification in writing, indicating, as a minimum, the grounds for refusal. 10.
The Ombudsman shall retain possession of information referred to in paragraph 8 only until the inquiry is definitively closed.
The Ombudsman may request a Union institution, body, office or agency, or a Member State, to retain such information for a period of at least five years.