Document ID: 22007A0503(01)

Reference:
EUR-Lex - 22007A0503(01) - EN
Important legal notice
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22007A0503(01)
Agreement between the European Union and the government of the United States of America on the security of classified information
Official Journal L 115 , 03/05/2007 P. 0030 - 0034
Agreementbetween the European Union and the government of the United States of America on the security of classified informationTHE GOVERNMENT OF THE UNITED STATES OF AMERICA, hereafter referred to as "the USG"andTHE EUROPEAN UNION, hereafter referred to as "the EU", hereafter referred to as "the Parties",CONSIDERING THAT the USG and the EU 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 USG and the EU agree that consultations and co-operation 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 USG and the EU,RECOGNISING THAT full and effective consultation and co-operation may require access to USG and EU classified information, as well as the exchange of classified information between the USG and the EU,CONSCIOUS THAT such access to and exchange of classified information requires appropriate security measures,HAVE AGREED AS FOLLOWS:Article 1Scope1. This Agreement shall apply to classified information provided or exchanged between the Parties.2. Each Party shall protect classified information received from the other Party, in particular against unauthorised disclosure, in accordance with the terms set forth herein and in accordance with the Parties’ respective laws and regulations.Article 2Definitions1. For the purpose of this Agreement "the EU" shall mean the Council of the European Union (hereafter referred to as "the Council"), the Secretary-General/High Representative and the General Secretariat of the Council, and the Commission of the European Communities (hereafter referred to as "the European Commission").2. For the purpose of this Agreement "classified information" shall mean information and material subject to this Agreement (i) the unauthorised disclosure of which could cause varying degrees of damage or harm to the interests of the USG, or of the EU or one or more of its Member States; (ii) which requires protection against unauthorised disclosure in the security interests of the USG or the EU; and (iii) which bears a security classification assigned by the USG or the EU. The information may be in oral, visual, electronic, magnetic or documentary form, or in the form of material, including equipment or technology.Article 3Security classifications1. Classified information shall be marked as follows:(a) For the USG, classified information shall be marked TOP SECRET, SECRET or CONFIDENTIAL.(b) For the EU, classified information shall be marked TRES SECRET UE/EU TOP SECRET, SECRET UE, CONFIDENTIEL UE or RESTREINT UE.2. The corresponding security classifications are:In the European Union | In the United States of America |TRES SECRET UE/EU TOP SECRET | TOP SECRET |SECRET UE | SECRET |CONFIDENTIEL UE | CONFIDENTIAL |RESTREINT UE | (No US equivalent) |3. Classified information provided by one Party to the other shall be stamped, marked or designated with the name of the releasing Party. Classified information provided by one Party shall be protected by the recipient Party in a manner at least equivalent to that afforded to it by the releasing Party.Article 4Protection of classified information1. Each Party shall have a security system and security measures in place based on the basic principles and minimum standards of security laid down in its respective laws and regulations, in order to ensure that an equivalent level of protection is applied to classified information. On request, each Party shall provide the other Party with information about its security standards, procedures and practices, including training, for safeguarding classified information.2. The recipient Party shall afford classified information received from the releasing Party a degree of protection at least equivalent to that afforded it by the releasing Party.3. The recipient Party shall not use or permit the use of classified information for any other purpose than that for which it was provided without the prior written approval of the releasing Party.4. The recipient Party shall not further release or disclose classified information without the prior written approval of the releasing Party.5. The recipient Party shall comply with any limitations on the further release of classified information as may be specified by the releasing Party when it discloses it.6. The recipient Party shall ensure that the rights of the originator of classified information provided or exchanged under this Agreement, as well as intellectual property rights such as patents, copyrights or trade secrets, are adequately protected.7. No individual shall be entitled to have access to classified information received from the other Party solely by virtue of rank, appointment, or security clearance. Access to classified information shall be granted only to those individuals whose official duties require such access and who, where needed, have been granted the requisite personnel security clearance in accordance with the prescribed standards of the Parties.8. The recipient Party shall ensure that all individuals having access to classified information are informed of their responsibilities to protect the information in accordance with applicable laws and regulations.Article 5Personnel security clearances1. The Parties shall ensure that all persons who in the conduct of their official duties require access, or whose duties or functions may afford access, to information classified CONFIDENTIEL UE or CONFIDENTIAL or above provided or exchanged under this Agreement are appropriately security-cleared before they are granted access to such information.2. The determination by a Party on the granting of a personnel security clearance to an individual shall be consistent with that Party’s security interests and shall be based upon all available information indicating whether the individual is of unquestionable loyalty, integrity, and trustworthiness.3. Each Party’s security clearances shall be based on an appropriate investigation conducted in sufficient detail to provide assurance that the criteria referred to in paragraph 2 have been met with respect to any individual to be granted access to classified information. For the EU, the parent government National Security Authority (NSA) of the individual concerned is the competent authority responsible for conducting the necessary security investigations on its nationals.Article 6Transfer of custodyThe releasing Party shall ensure that all classified information is adequately protected until custody of the information is transferred to the recipient Party. The recipient Party shall ensure that all classified information of the other Party is adequately protected as soon as it has custody of the information released to it.Article 7Security of facilities and establishments of the Parties where classified information is keptIn accordance with applicable laws and regulations, each Party shall ensure the security of facilities and establishments where classified information released to it by the other Party is kept, and shall ensure for each such facility or establishment that all necessary measures are taken to control and protect the information.Article 8Release of classified information to contractors1. Classified information received from the other Party may be provided to a contractor or prospective contractor with the prior written consent of the releasing Party. Prior to the release or disclosure to a contractor or prospective contractor of any classified information received from the other Party, the recipient Party shall ensure that such contractor or prospective contractor, and the contractor’s facility, have the capability to protect the information and have an appropriate clearance.2. This Article shall not apply to personnel engaged by the European Union under a contract of employment or by the United States under a personal services contract.Article 9Transmission1. Classified information shall be transmitted between the Parties through mutually agreed channels.For the purposes of this Agreement:(a) As regards the EU, all classified information in written form shall be sent to the Chief Registry Officer of the Council of the European Union. All such information shall be forwarded by the Chief Registry Officer of the Council to the Member States and to the European Commission, subject to paragraph 3;(b) As regards the USG, all classified information in written form shall be sent, unless otherwise provided for, via the Mission of the United States of America to the European Union, at the following address:Mission of the United States of America to the European UnionRegistry OfficerRue Zinner 13B-1000 Brussels2. The electronic transmission of classified information up to the level CONFIDENTIAL/CONFIDENTIEL UE between the USG and the EU and between the EU and the USG shall be encrypted in accordance with the releasing Party’s requirements as outlined in its security policies and regulations. The releasing Party’s requirements shall be met when transmitting, storing and processing classified information in internal networks of the Parties.3. Exceptionally, classified information from one Party which is accessible to only specific competent officials, organs or services of that Party may, for operational reasons, be addressed and be accessible to only specific officials, organs or services of the other Party specifically designated as recipients, taking into account their competences and according to the need-to-know principle. As far as the EU is concerned, such information shall be transmitted through the Chief Registry Officer of the Council, or the Chief Registry Officer of the European Commission Security Directorate when such information is addressed to the European Commission.Article 10Visits to facilities and establishments of the PartiesWhen required, the Parties shall confirm personnel security clearances through mutually agreed channels for visits by representatives of one Party to facilities and establishments of the other Party.Article 11Reciprocal security visitsImplementation of the security requirements set out in this Agreement may be verified through reciprocal visits by security personnel of the Parties with a view to evaluating the effectiveness of measures taken under this Agreement and the technical security arrangement to be established pursuant to Article 13 to protect classified information provided or exchanged between the Parties. Accordingly, security representatives of each Party, after prior consultation, may be permitted to visit the other Party and to discuss and observe the implementing procedures of the other Party. The host Party shall assist the visiting security representatives in determining whether classified information received from the visiting Party is being protected adequately.Article 12Oversight1. For the USG, the Secretaries of State and Defense and the Director of National Intelligence shall oversee the implementation of this Agreement.2. For the EU, the Secretary-General of the Council and the Member of the Commission responsible for security matters shall oversee the implementation of this Agreement.Article 13Technical security arrangement1. In order to implement this Agreement, a technical security arrangement shall be established among the three authorities designated in paragraphs 2 to 4 in order to lay down the standards for the reciprocal security protection of classified information provided or exchanged between the Parties under this Agreement.2. The U.S. Department of State, acting in the name of the USG and under its authority, shall be responsible for developing the technical security arrangement mentioned in paragraph 1 for the protection and safeguarding of classified information provided to or exchanged with the USG under this Agreement.3. 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, shall be responsible for developing the technical security arrangement mentioned in paragraph 1 for the protection and safeguarding of classified information provided to or exchanged with the Council or the General Secretariat of the Council under this Agreement.4. The European Commission Security Directorate, acting under the authority of the Member of the Commission responsible for security matters, shall be responsible for developing the technical security arrangement mentioned in paragraph 1 for the protection of classified information provided or exchanged under this Agreement with the European Commission.5. For the EU, the arrangement shall be subject to approval by the Council Security Committee.Article 14Downgrading and declassification1. The Parties agree that classified information should be downgraded in classification as soon as information ceases to require that higher degree of protection or should be declassified as soon as the information no longer requires protection against unauthorised disclosure.2. The releasing Party has complete discretion concerning downgrading or declassification of its own classified information. The recipient Party shall not downgrade the security classification or declassify classified information received from the other Party, notwithstanding any apparent declassification instructions on the document, without the prior written consent of the releasing Party.Article 15Loss or compromiseThe releasing Party shall be informed upon discovery of any proven or suspected loss or compromise of its classified information, and the recipient Party shall initiate an investigation to determine the circumstances. The results of the investigation and information regarding measures taken to prevent recurrence shall be forwarded to the releasing Party. The authorities referred to in Article 13 may establish procedures to that effect.Article 16Dispute settlementAny differences between the Parties arising under or relating to this Agreement shall be settled solely through consultations between the Parties.Article 17CostsEach Party shall be responsible for bearing its own costs incurred in implementing this Agreement.Article 18Ability to protectPrior to the provision or exchange of classified information between the Parties, the responsible security authorities referred to in Article 12 must agree that the recipient Party is able to protect and safeguard the information subject to this Agreement in a way consistent with the technical security arrangement to be established pursuant to Article 13.Article 19Other agreementsNothing in this Agreement shall alter existing agreements or arrangements between the Parties, nor agreements between the USG and Member States of the European Union. This Agreement shall not preclude the Parties from concluding other Agreements relating to the provision or exchange of classified information subject to this Agreement provided they are not incompatible with the obligations under this Agreement.Article 20Entry into force, amendment and denunciation1. This Agreement shall enter into force on the date of the last signature by the Parties.2. Each Party shall notify the other Party of any changes in its laws and regulations that could affect the protection of classified information referred to in this Agreement. In such cases, the Parties shall consult with a view to amending this Agreement as necessary in accordance with paragraph 3.3. Amendments to the present Agreement shall be made by mutual written agreement of the Parties.4. Either Party may denounce this Agreement by notifying the other Party, in writing, ninety days in advance of its intention to denounce the Agreement. Notwithstanding the denunciation of this Agreement, all classified information provided pursuant to this Agreement shall continue to be protected in accordance with this Agreement. The Parties shall consult immediately on the disposition of such classified information.IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Authorities, have signed this Agreement.Done at Washington this thirtieth day of April 2007 in two copies, each in the English language.For the European Union+++++ TIFF +++++For the Government of the United States of America+++++ TIFF +++++--------------------------------------------------

Summary:
Agreements on the security of classified information
Agreements on the security of classified information
SUMMARY OF:
Agreements on security procedures for exchanging and protecting classified information between the EU and the United Kingdom, Canada, Moldova, Georgia, Albania, Serbia, Australia, Liechtenstein, Russia, Israel, United States, Iceland, Switzerland, Ukraine, former Yugoslav Republic of Macedonia, Norway and Bosnia and Herzegovina
Decisions concerning the signing and conclusion of these Agreements with United Kingdom, Canada, Moldova, Georgia, Albania, Serbia, Australia, Liechtenstein, Russia, Israel, United States, Iceland, Switzerland, Ukraine, former Yugoslav Republic of Macedonia, Norway and Bosnia and Herzegovina
WHAT IS THE AIM OF THE AGREEMENTS AND OF THE DECISIONS?
              
The agreements between the European Union (EU) and various countries aim to strengthen the security and safety of their respective citizens through the sharing of classified information and putting in place mechanisms to ensure that the information remains secure.
For each agreement there is an associated decision to approve it on behalf of the EU.
KEY POINTS
              
The parties agree to develop cooperation on security and sharing classified information. They recognise that effective cooperation requires access to this information, and that this type of exchange requires appropriate security measures.
The agreements provides a legal framework where one party provides classified information to the other, but they do not oblige either party to provide such information.
Classified information is defined as:
any information or material whose loss or unauthorised disclosure could damage or harm the interests of each party or one or more EU countries; and
is designated with a security classification as provided for in the agreement.
The agreements applies to the following EU institutions and bodies: the European Council, the Council of the European Union, the High Representative of the Union for Foreign Affairs and Security Policy, the European External Action Service and the European Commission.
Protection of classified information
Each of the parties must protect classified information provided by or exchanged with the other party to a level at least equivalent to that afforded by the party providing it.
All persons with access to classified information must have appropriate security clearance, based on loyalty, trustworthiness and reliability.
There are restrictions on how classified information is used, accessed and disclosed.
Decision 2013/488/EU (see summary) covers security rules for protecting EU classified information.
Other features
These include:
a commitment to provide mutual assistance in relation to keeping classified information secure;
procedures on how classified information is shared;
designation of who is responsible on each side for overseeing implementation of the agreement;
the responsibilities of each party in the event of loss or unauthorised disclosure of classified information;
dispute resolution;
how the agreement will enter into force, including how it can be amended or terminated.
FROM WHEN DO THE AGREEMENTS AND DECISIONS ENTER INTO FORCE?
              
They enter into force as follows:
Country
Decision
Agreement
United Kingdom
29 April 2021
1 January 2021
Canada
29 May 2017
                
Not yet in force
Moldova
27 March 2017
                
Not yet in force
Georgia
15 March 2016
                
Not yet in force
Albania
15 January 2016
                
Not yet in force
Serbia
22 November 2010
                
Not yet in force
Australia
30 November 2009
                
Not yet in force
Liechtenstein
14 June 2010
                
Not yet in force
Russia
17 November 2009
                
Not yet in force
Israel
16 March 2009
                
Not yet in force
US
23 April 2007
30 April 2007
Iceland
21 November 2005
1 March 2007
Switzerland
24 June 2005
1 June 2008
Ukraine
13 June 2005
1 February 2007
North Macedonia
24 January 2005
1 August 2005
Norway
26 July 2004
1 December 2004
Bosnia and Herzegovina
26 July 2004
1 May 2006
BACKGROUND
              
For more information, see:
Protection of European Union classified information (EUCI) (European Council and the Council of the EU).
MAIN DOCUMENTS
            
Council Decision (EU) 2021/689 of 29 April 2021 on the conclusion, on behalf of the Union, of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (OJ L 149, 30.4.2021, pp. 2-9)
Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (OJ L 149, 30.4.2021, pp. 2540-2548)
Council Decision (CFSP) 2017/2322 of 29 May 2017 concerning the signing and conclusion of the Agreement between Canada and the European Union on security procedures for exchanging and protecting classified information (OJ L 333, 15.12.2017, p. 1)
Agreement between Canada and the European Union on security procedures for exchanging and protecting classified information (OJ L 333, 15.12.2017, pp. 2-7)
Council Decision (CFSP) 2017/718 of 27 March 2017 concerning the signing and conclusion of the Agreement between the European Union and the Republic of Moldova on security procedures for exchanging and protecting classified information (OJ L 106, 22.4.2017, pp. 1-2)
Agreement between the European Union and the Republic of Moldova on security procedures for exchanging and protecting classified information (OJ L 106, 22.4.2017, pp. 3-7)
Successive amendments to the agreement have been incorporated into the original document. This consolidated version is of documentary value only.
Council Decision (EU) 2016/1946 of 15 March 2016 concerning the signing and conclusion of the Agreement between the European Union and Georgia on security procedures for exchanging and protecting classified information (OJ L 300, 8.11.2016, pp. 1-2)
Agreement between Georgia and the European Union on security procedures for exchanging and protecting classified information (OJ L 300, 8.11.2016, pp. 3-7)
Council Decision (EU) 2016/402 of 15 January 2016 concerning the signing and conclusion of the Agreement between the Council of Ministers of the Republic of Albania and the European Union on security procedures for exchanging and protecting classified information (OJ L 74, 19.3.2016, pp. 1-2)
Agreement between the Council of Ministers of the Republic of Albania and the European Union on security procedures for exchanging and protecting classified information (OJ L 74, 19.3.2016, pp. 3-7)
Council Decision 2011/514/CFSP of 22 November 2010 concerning the signing and conclusion of the Agreement between the European Union and the Republic of Serbia on security procedures for exchanging and protecting classified information (OJ L 216, 23.8.2011, p. 1)
Agreement between the European Union and the Republic of Serbia on security procedures for exchanging and protecting classified information (OJ L 216, 23.8.2011, pp. 2-4)
Council Decision 2010/53/CFSP of 30 November 2009 concerning the conclusion of the Agreement between Australia and the European Union on the security of classified information (OJ L 26, 30.1.2010, p. 30)
Agreement between Australia and the European Union on the security of classified information (OJ L 26, 30.1.2010, pp. 31-35)
Council Decision 2010/404/CFSP of 14 June 2010 concerning the signing and conclusion of the Agreement between the European Union and the Principality of Liechtenstein on security procedures for exchanging classified information (OJ L 187, 21.7.2010, p. 1)
Agreement between the European Union and the Principality of Liechtenstein on security procedures for exchanging classified information (OJ L 187, 21.7.2010, pp. 2-4)
Council Decision 2010/348/EC of 17 November 2009 concerning the conclusion of the Agreement between the Government of the Russian Federation and the European Union on the protection of classified information (OJ L 155, 22.6.2010, p. 56)
Agreement between the Government of the Russian Federation and the European Union on the protection of classified information (OJ L 155, 22.6.2010, pp. 57-60)
Council Decision 2009/558/CFSP of 16 March 2009 concerning the conclusion of the Agreement on security procedures for exchanging classified information between the European Union and Israel (OJ L 192, 24.7.2009, p. 63-63)
Agreement on security procedures for exchanging classified information between the European Union and Israel (OJ L 192, 24.7.2009, pp. 64-67)
Council Decision 2007/274/JHA of 23 April 2007 concerning the conclusion of the Agreement between the European Union and the Government of the United States of America on the security of classified information (OJ L 115, 3.5.2007, p. 29)
Agreement between the European Union and the government of the United States of America on the security of classified information (OJ L 115, 3.5.2007, pp. 30-34)
Council Decision 2006/467/CFSP of 21 November 2005 concerning the conclusion of the Agreement between the European Union and the Republic of Iceland on security procedures for the exchange of classified information (OJ L 184, 6.7.2006, p. 34)
Agreement between the Republic of Iceland and the European Union on security procedures for the exchange of classified information (OJ L 184, 6.7.2006, pp. 35-37)
Council Decision 2008/568/CFSP of 24 June 2005 concerning the conclusion of the Agreement between the European Union and the Swiss Confederation on security procedures for the exchange of classified information (OJ L 181, 10.7.2008, p. 57)
Agreement between the Swiss Confederation and the European Union on the security procedures for the exchange of classified information (OJ L 181, 10.7.2008, pp. 58-61)
Council Decision 2005/481/CFSP of 13 June 2005 concerning the conclusion of the Agreement between the European Union and Ukraine on the security procedures for the exchange of classified information (OJ L 172, 5.7.2005, p. 83)
Agreement between Ukraine and the European Union on the security procedures for the exchange of classified information (OJ L 172, 5.7.2005, pp. 84-86)
Council Decision 2005/296/CFSP, JHA of 24 January 2005 concerning the conclusion of the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the security procedures for the exchange of classified information (OJ L 94, 13.4.2005, p. 38)
Agreement between the former Yugoslav Republic of Macedonia and the European Union on the security procedures for the exchange of classified information (OJ L 94, 13.4.2005, pp. 39-44)
Council Decision 2004/843/CFSP of 26 July 2004 concerning the conclusion of the Agreement between the European Union and the Kingdom of Norway on security procedures for the exchange of classified information (OJ L 362, 9.12.2004, p. 28)
Agreement between the Kingdom of Norway and the European Union on security procedures for the exchange of classified information (OJ L 362, 9.12.2004, pp. 29-32)
Council Decision 2004/731/EC of 26 July 2004 concerning the conclusion of the Agreement between the European Union and Bosnia and Herzegovina on security procedures for the exchange of classified information (OJ L 324, 27.10.2004, p. 15)
Agreement between Bosnia and Herzegovina and the European Union on security procedures for the exchange of classified information (OJ L 324, 27.10.2004, pp. 16-19)
RELATED DOCUMENTS
            
Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, pp. 1-50)
See consolidated version.
last update 10.06.2021