CELEX: 22020A1231(02)
Language: en
Date: 2020-12-30 00:00:00
Title: AGREEMENT BETWEEN THE EUROPEAN UNION AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND CONCERNING SECURITY PROCEDURES FOR EXCHANGING AND PROTECTING CLASSIFIED INFORMATION

31.12.2020   EN                Official Journal of the European Union           L 444/1463
           AGREEMENT BETWEEN THE EUROPEAN UNION AND THE UNITED KINGDOM OF GREAT
             BRITAIN AND NORTHERN IRELAND CONCERNING SECURITY PROCEDURES FOR
                     EXCHANGING AND PROTECTING CLASSIFIED INFORMATION
 ---pagebreak--- The European Union ('the Union')
and
The United Kingdom of Great Britain and Northern Ireland ('the United Kingdom'),
jointly referred to as 'the Parties',
CONSIDERING:
-    that the Parties share the objectives of strengthening their own security in all ways,
-    that the Parties agree that cooperation should be developed between them on questions of
     common interest in the field of security of information,
-    that, in this context, a permanent need therefore exists to exchange classified information
     between the Parties,
RECOGNISING that full and effective cooperation and consultation may require access to and
exchange of classified information and material of the Parties,
AWARE that such access to and exchange of classified information and material require that
appropriate security measures be taken,
ACKNOWLEDGING that this Agreement constitutes a supplementing agreement to 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,
(hereinafter “Trade and Cooperation Agreement”)
HAVE AGREED AS FOLLOWS:
                                                 Article 1
1.       In order to fulfil the objectives of strengthening the security of each Party in all ways, this
Agreement between the Union and the United Kingdom on security procedures for exchanging and
protecting classified information (the 'Agreement') applies to classified information or material in any
form either provided by one Party to the other Party or exchanged between the Parties.
2.       Each Party shall protect classified information received from the other Party from
unauthorised disclosure or loss in accordance with the terms set out in this Agreement and in
accordance with the Parties' respective laws, rules and regulations.
3.       This Agreement does not constitute a basis to compel the provision or exchange of classified
information by the Parties.
                                                 Article 2
For the purposes of this Agreement, 'classified information' means any information or material, in
any form, nature or method of transmission which is:
 ---pagebreak--- (a)    determined by either Party to require protection against unauthorised disclosure or loss which
       could cause varying degrees of damage or harm to the interests of the United Kingdom, to the
       interests of the Union or to the interests of one or more of its Member States; and
(b)    marked accordingly with a security classification as set out in Article 7.
                                                 Article 3
1.       The Union institutions and entities to which this Agreement applies are the European
Council, the Council, the High Representative of the Union for Foreign Affairs and Security Policy, the
European External Action Service ('the EEAS'), the European Commission, and the General Secretariat
of the Council.
2.       Those Union institutions and entities may share classified information received under this
Agreement with other Union institutions and entities, subject to the prior written consent of the
providing Party and subject to appropriate assurances that the receiving institution or entity will
protect the information adequately.
                                                 Article 4
Each Party shall ensure that it has appropriate security systems and measures in place, based on the
basic principles and minimum standards of security laid down in its respective laws, rules or
regulations and reflected in the implementing arrangement referred to in Article 12, in order to
ensure that an equivalent level of protection is applied to classified information subject to this
Agreement.
                                                 Article 5
1.       Each Party shall, in relation to classified information provided or exchanged under this
Agreement:
(a)    protect, in accordance with its own laws, rules and regulations, such classified information to
       an equivalent level of protection as it affords its own classified information at the
       corresponding security classification level, as set out in Article 7;
(b)    ensure that such classified information keeps the security classification marking given to it by
       the providing Party, and that it is not downgraded or declassified without the prior written
       consent of the providing Party; the receiving Party shall protect the classified information
       according to the provisions set out in its own applicable laws, rules and regulations for
       information holding an equivalent security classification as specified in Article 7;
(c)    not use such classified information for purposes other than those established by the originator
       or those for which the information is provided or exchanged, except where the providing Party
       has given its prior written consent;
(d)    subject to the modalities in paragraph 2 of this Article, not disclose such classified information
       to a third party or make such classified information available to the public without the prior
       written approval of the providing Party;
                                                   1465
 ---pagebreak--- (e)    not allow access to such classified information by individuals unless they have a need to know
       and have been granted security clearance or are otherwise empowered or authorised in
       accordance with the applicable laws, rules and regulations of the receiving Party;
(f)    ensure that such classified information is handled and stored in facilities which are
       appropriately secured, controlled, and protected in accordance with its laws, rules and
       regulations; and
(g)    ensure that all individuals with access to such classified information are informed of their
       responsibility to protect it in accordance with the applicable laws, rules and regulations.
2.       The receiving Party shall:
(a)    take all necessary steps, in accordance with its laws and regulations to prevent classified
       information provided under this Agreement from being made available to the public or any
       third party; if there is any request to make any classified information provided under this
       Agreement available to the public or any third party, the receiving Party shall immediately
       notify the providing Party in writing, and both Parties shall consult each other in writing before
       a disclosure decision is taken;
(b)    inform the providing Party of any request by a judicial authority, also as part of a judicial
       process, or by a legislative authority acting in an investigative capacity, to obtain classified
       information received from the providing Party under this Agreement; in assessing such a
       request, the receiving Party shall take the views of the providing Party into account to the
       maximum extent possible; if, by virtue of the receiving Party's laws and regulations, that
       request entails transmission of the said classified information to the requesting legislative
       authority or judicial authority, also as part of a judicial process, the receiving Party shall
       ensure, to the maximum extent possible, that the information is appropriately protected,
       including from any disclosure to other authorities or third parties.
                                                 Article 6
1.       Classified information shall be disclosed or released in accordance with the principle of
originator consent.
2.       For the release to recipients other than the Parties, subject to point (d) of Article 5(1), a
decision on disclosure or release of classified information shall be made by the receiving Party on a
case-by-case basis subject to the prior written consent of the providing Party and in accordance with
the principle of originator consent.
3.       No generic release shall be possible unless procedures are agreed upon between the Parties
regarding certain categories of information which are relevant to their specific requirements.
4.       Classified information that is subject to this Agreement may be provided to a contractor or
prospective contractor only with the prior written consent of the providing Party. Before disclosing
any classified information to a contractor or prospective contractor, the receiving Party shall ensure
that the contractor or prospective contractor has secured its facilities and is able to protect the
                                                   1466
 ---pagebreak--- classified information in accordance with applicable laws, rules and regulations, and that the
contractor or prospective contractor has the required facility security clearance, where applicable,
for itself and has the appropriate security clearances for its personnel who need access to classified
information.
                                                Article 7
1.       In order to establish an equivalent level of protection for classified information provided by
or exchanged between the Parties, the security classifications shall correspond as follows:
                         EU                                           United Kingdom
           TRES SECRET UE/EU TOP SECRET                                UK TOP SECRET
                SECRET UE/EU SECRET                                      UK SECRET
        CONFIDENTIEL UE/EU CONFIDENTIAL                       No equivalent – see paragraph 2
            RESTREINT UE/EU RESTRICTED                            UK OFFICIAL-SENSITIVE
2.       Unless otherwise mutually agreed between the Parties, the United Kingdom shall afford
CONFIDENTIEL UE/EU CONFIDENTIAL classified information an equivalent level of protection as for
UK SECRET classified information.
3.       Unless the United Kingdom has notified the Union in writing that it has downgraded or
declassified its UK CONFIDENTIAL legacy classified information, the Union shall afford this
information an equivalent level of protection as for CONFIDENTIEL UE/EU CONFIDENTIAL classified
information and, unless the United Kingdom has notified the Union in writing that it has declassified
its UK RESTRICTED legacy classified information, the Union shall afford any UK RESTRICTED legacy
classified information an equivalent level of protection as for RESTREINT UE/EU RESTRICTED
classified information.
                                                Article 8
1.       The Parties shall ensure that all persons who, in the conduct of their official duties, require
access, or whose duties or functions may afford them access, to information classified at the level of
CONFIDENTIEL UE/EU CONFIDENTIAL or UK SECRET or above that has been provided or exchanged
under this Agreement, are security-cleared as appropriate or are otherwise empowered or
authorised in accordance with the applicable laws, rules and regulations of the receiving Party,
before those persons are granted access to such classified information in addition to the need-to-
know requirement, as provided for in point (e) of Article 5(1).
2.       Security clearance procedures shall be designed to determine whether an individual, taking
into account the individual's loyalty, trustworthiness and reliability, may have access to classified
information.
                                                Article 9
For the purposes of this Agreement:
                                                 1467
 ---pagebreak--- (a)      all classified information released to the Union under this Agreement shall be sent through:
      i.         the Central Registry of the General Secretariat of the Council, if addressed to the
                 European Council, the Council or the General Secretariat of the Council;
     ii.         the Secretariat-General Registry of the European Commission, if addressed to the
                 European Commission;
    iii.         the European External Action Service Registry, if addressed to the High Representative
                 of the Union for Foreign Affairs and Security Policy or the European External Action
                 Service;
(b)      all classified information released to the United Kingdom under this Agreement shall be sent to
         the United Kingdom via the Mission of the United Kingdom to the Union;
(c)      the Parties may mutually agree appropriate methods to ensure the efficient exchange of
         classified information, in accordance with the arrangements set out in points (a) and (b).
                                                   Article 10
Electronic transmissions of classified information between the Union and the United Kingdom and
electronic transmissions of classified information between the United Kingdom and the Union shall
be encrypted in accordance with the releasing Party's requirements as set out in its laws, rules and
regulations; the implementing arrangement referred to in Article 12 shall set out accordingly the
conditions under which each Party can transmit, store or process classified information, provided by
the other Party, in their internal networks.
                                                   Article 11
The Secretary-General of the Council, the Member of the European Commission responsible for
security matters, the High Representative of the Union for Foreign Affairs and Security Policy and the
UK National Security Authority, Cabinet Office, shall oversee the implementation of this Agreement.
                                                   Article 12
1.         In order to implement this Agreement, an implementing arrangement shall be established
between the competent security authorities of the Union institutions designated below, each acting
on behalf of its organisational authority, and the UK National Security Authority, Cabinet Office, to
lay down the standards for the reciprocal protection of classified information under this Agreement:
(a)      the Directorate of Safety and Security of the General Secretariat of the Council;
(b)      the Security Directorate of the Directorate-General Human Resources and Security of the
         European Commission (DG.HR.DS); and
(c)      the Directorate Security and Infrastructure of the EEAS.
2.         Before classified information is provided or exchanged under this Agreement, the competent
security authorities referred to in paragraph 1 shall agree that the receiving Party is able to protect
                                                     1468
 ---pagebreak--- the information in a way consistent with the implementing arrangement.
                                                 Article 13
The Parties shall cooperate as far as reasonably practicable with regard to the security of classified
information that is subject to this Agreement and may provide mutual assistance on matters of
common interest in the field of security of information. Reciprocal security consultations and
assessment visits shall be conducted by the competent security authorities referred to in Article
12(1) to assess the effectiveness of the security arrangements within their respective responsibilities.
The Parties shall jointly decide on the frequency and timing of those consultations and assessment
visits.
                                                 Article 14
1.       The competent security authority of a Party as referred to in Article 12(1) shall immediately
inform the competent security authority of the other Party of any proven or suspected cases of
unauthorised disclosure or loss of classified information provided by that Party. The competent
security authority of the relevant Party shall conduct an investigation, with assistance from the other
Party if required, and shall report the results to the other Party.
2.       The competent security authorities referred to in Article 12(1) shall establish procedures to
be followed in such cases.
                                                 Article 15
Each Party shall bear its own costs incurred in implementing this Agreement.
                                                 Article 16
1.       Nothing in this Agreement shall alter agreements or arrangements between the Parties or
agreements or arrangements between the United Kingdom and one or more Member States.
2.       This Agreement shall not preclude the Parties from concluding other agreements relating to
the provision or exchange of classified information that is subject to this Agreement, provided that
those agreements are not incompatible with the obligations under this Agreement.
                                                 Article 17
Each Party shall notify the other Party in writing of any changes in its laws, rules and regulations that
could affect the protection of classified information referred to in this Agreement.
                                                 Article 18
The Parties shall deal with any disputes arising from the interpretation or application of this
Agreement through consultations.
                                                 Article 19
1.       This Agreement shall enter into force on the same date as the date on which the Trade and
Cooperation Agreement enters into force, provided that, prior to that date, the Parties have notified
                                                    1469
 ---pagebreak--- each other that they have completed their respective internal requirements and procedures for
establishing their consent to be bound.
2.       This Agreement shall apply as from the date of application of the Trade and Cooperation
Agreement or from the date the Parties have notified each other that they have completed their
respective internal requirements and procedures to release classified information under this
Agreement, whichever is the later. If the Parties have not notified each other that they have
completed their respective internal requirements and procedures for establishing their consent to be
bound by this Agreement by the date on which provisional application of the Trade and Cooperation
Agreement ceases, this Agreement shall cease to apply.
3.       This Agreement may be reviewed for consideration of possible amendments at the request
of either Party.
4.       Any amendment to this Agreement shall be made in writing only and by mutual agreement
of the Parties.
                                                Article 20
1.       Pursuant to Article FINPROV.8 of the Trade and Cooperation Agreement, this Agreement is
terminated upon termination of the Trade and Cooperation Agreement.
2.       The termination of this Agreement shall not affect obligations already entered into under this
Agreement. In particular, all classified information provided or exchanged under this Agreement shall
continue to be protected in accordance with the provisions of this Agreement.
                                                 Article 21
This Agreement shall be drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch,
English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian,
Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages. By 30
April 2021, all language versions of the Agreement shall be subject to a process of final legal revision.
Notwithstanding the previous sentence, the process of final legal revision for the English version of
the Agreement shall be finalised at the latest by the day referred to in Article 19(1) if that day is
earlier than 30 April 2021.
The language versions resulting from the above process of final legal revision shall replace ab initio
the signed versions of the Agreement and shall be established as authentic and definitive by
exchange of diplomatic notes between the Parties.
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