Council Decision
of 31 March 2011
on the security rules for protecting EU classified information
(2011/292/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, and in particular Article 24 thereof,
OJ L 325, 11.12.2009, p. 35.
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 and the Commission 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 EU institutions, agencies, bodies or offices 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) EU agencies and bodies established under Title V, Chapter 2, of the Treaty on European Union, Europol and Eurojust apply, in the context of their internal organisation, the basic principles and minimum standards laid down in this Decision for protecting EUCI, as provided for in their respective founding acts.
(7) Crisis management operations established under Title V, Chapter 2, of the TEU and their personnel apply the security rules adopted by the Council for protecting EUCI.
(8) EU Special Representatives and the members of their teams apply the security rules adopted by the Council for protecting EUCI.
(9) 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.
(10) 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,
HAS ADOPTED THIS DECISION: