Council Decision of 23 September 2013 on the security rules for protecting EU classified information (2013/488/EU)

Council Decision

of 23 September 2013

on the security rules for protecting EU classified information

(2013/488/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 240(3) thereof,

Having regard to Council Decision 2009/937/EU of 1 December 2009 adopting the Council’s Rules of Procedure(1), and in particular Article 24 thereof,

Whereas:

(1) In order to develop Council activities in all areas which require handling classified information, it is appropriate to establish a comprehensive security system for protecting classified information covering the Council, its General Secretariat and the Member States.

(2) This Decision should apply where the Council, its preparatory bodies and the General Secretariat of the Council (GSC) handle EU classified information (EUCI).

(3) In accordance with national laws and regulations and to the extent required for the functioning of the Council, the Member States should respect this Decision where their competent authorities, personnel or contractors handle EUCI, in order that each may be assured that an equivalent level of protection is afforded to EUCI.

(4) The Council, the Commission and the European External Action Service (EEAS) are committed to applying equivalent security standards for protecting EUCI.

(5) The Council underlines the importance of associating, where appropriate, the European Parliament and other Union institutions, bodies, offices or agencies with the principles, standards and rules for protecting classified information which are necessary in order to protect the interests of the Union and its Member States.

(6) The Council should determine the appropriate framework for sharing EUCI held by the Council with other Union institutions, bodies, offices or agencies, as appropriate, in accordance with this Decision and interinstitutional arrangements in force.

(7) Union bodies and agencies established under Title V, Chapter 2, of the Treaty on European Union (TEU), Europol and Eurojust should apply, in the context of their internal organisation, the basic principles and minimum standards laid down in this Decision for protecting EUCI, where so provided in the act establishing them.

(8) Crisis management operations established under Title V, Chapter 2, of the TEU and their personnel should apply the security rules adopted by the Council for protecting EUCI where so provided in the Council act establishing them.

(9) EU Special Representatives and the members of their teams should apply the security rules adopted by the Council for protecting EUCI where so provided in the relevant Council act.

(10) This Decision is taken without prejudice to Articles 15 and 16 of the Treaty on the Functioning of the European Union (TFEU) and to instruments implementing them.

(11) This Decision is taken without prejudice to existing practices in Member States with regard to informing their national Parliaments about the activities of the Union.

(12) In order to ensure the application of the security rules for protecting EUCI in a timely manner as regards the accession of the Republic of Croatia to the European Union, this Decision should enter into force on the date of its publication,

HAS ADOPTED THIS DECISION:

(1)

OJ L 325, 11.12.2009, p. 35.