2005/952/EC: Council Decision of  20 December 2005  amending Decision 2001/264/EC adopting the Council’s security regulations

29.12.2005 EN Official Journal of the European Union L 346/18
COUNCIL DECISION
of 20 December 2005
amending Decision 2001/264/EC adopting the Council’s security regulations
(2005/952/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 207(3) thereof,
Having regard to Council Decision 2004/338/EC, Euratom of 22 March 2004 adopting the Council’s Rules of Procedure (1), and in particular Article 24 thereof,
Whereas:
(1) Article 2(1) of Decision 2001/264/EC (2) states that the Secretary-General/High Representative is to take appropriate measures to ensure that, when handling EU classified information, the Council’s security regulations are respected within the General Secretariat of the Council (GSC), and, inter alia, by GSC external contractors.
(2) Article 2(2) of Decision 2001/264/EC states that Member States are to take appropriate measures, in accordance with national arrangements, to ensure that, when EU classified information is handled, the Council’s security regulations are respected within their services and premises, inter alia, by Member States’ external contractors.
(3) Decision 2001/264/EC does not at present include elements on how its basic principles and minimum standards should apply where the GSC entrusts to external entities, by contract, tasks involving, entailing and/or containing EU classified information.
(4) It is therefore necessary to insert specific common minimum standards in that regard in Decision 2001/264/EC.
(5) These common minimum standards should also be complied with by Member States, for measures to be taken, in accordance with national arrangements, where they entrust by contract tasks involving, entailing and/or containing EU classified information to external entities referred to in Article 2(2) of Decision 2001/264/EC.
(6) These common minimum standards should apply without prejudice to relevant acts, in particular Directive 2004/18/EC (3), Regulation (EC, Euratom) No 1605/2002 (4) and its implementing rules and the WTO Agreement on Government Procurement (GPA),