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

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  1. Introductory Text

  2. Article 1.Purpose, scope and definitions

  3. Article 2.Definition of EUCI, security classifications and markings

  4. Article 3.Classification management

  5. Article 4.Protection of classified information

  6. Article 5.Security risk management

  7. Article 6.Implementation of this Decision

  8. Article 7.Personnel security

  9. Article 8.Physical security

  10. Article 9.Management of classified information

  11. Article 10.Protection of EUCI handled in communication and information systems

  12. Article 11.Industrial security

  13. Article 12.Sharing EUCI

  14. Article 13.Exchange of classified information with third States and international organisations

  15. Article 14.Breaches of security and compromise of EUCI

  16. Article 15.Responsibility for implementation

  17. Article 16.The organisation of security in the Council

  18. Article 17.Security Committee

  19. Article 18.Replacement of previous decision

  20. Article 19.Entry into force

  21. ANNEXES

    1. ANNEX I

      PERSONNEL SECURITY

      1. I. INTRODUCTION

        1. 1. This Annex sets out provisions for implementing Article 7. It...

      2. II. GRANTING ACCESS TO EUCI

        1. 2. An individual shall only be granted access to classified information...

        2. 3. Each Member State and the GSC shall identify the positions...

      3. III. PERSONNEL SECURITY CLEARANCE REQUIREMENTS

        1. 4. After having received a duly authorised request, NSAs or other...

        2. 5. Should the individual concerned reside in the territory of another...

        3. 6. Where permissible under national laws and regulations, NSAs or other...

        4. Security investigation criteria

          1. 7. The loyalty, trustworthiness and reliability of an individual for the...

          2. 8. Where appropriate and in accordance with national laws and regulations,...

          3. 9. Where appropriate and in accordance with national laws and regulations,...

        5. Investigative requirements for access to EUCI

          1. Initial granting of a security clearance

            1. 10. The initial security clearance for access to information classified CONFIDENTIEL...

            2. 11. The initial security clearance for access to information classified TRÈS...

            3. 12. Where necessary and in accordance with national laws and regulations,...

          2. Renewal of a security clearance

            1. 13. After the initial granting of a security clearance and provided...

            2. 14. For renewing security clearances, the elements outlined in paragraphs 10...

            3. 15. Requests for renewal shall be made in a timely manner...

          3. Authorisation procedures in the GSC

            1. 16. For officials and other servants in the GSC, the GSC...

            2. 17. Where information relevant for a security investigation becomes known to...

            3. 18. Following completion of the security investigation, the relevant NSA shall...

            4. 19. The security investigation together with the results obtained shall be...

            5. 20. National experts seconded to the GSC for a position requiring...

            6. 21. The GSC will accept the authorisation for access to EUCI...

            7. 22. If an individual’s period of service does not commence within...

            8. 23. Where information becomes known to the GSC concerning a security...

            9. 24. Where an NSA notifies the GSC of withdrawal of an...

            10. 25. Any decision to withdraw or suspend an authorisation from a...

          4. Records of security clearances and authorisations

            1. 26. Records of PSCs and authorisations granted for access to information...

            2. 27. The competent security authority may issue a PSCC showing the...

        6. Exemptions from the PSC requirement

          1. 28. Access to EUCI by individuals in Member States duly authorised...

      4. IV. SECURITY EDUCATION AND AWARENESS

        1. 29. All individuals who have been granted a security clearance shall...

        2. 30. All individuals who are authorised to have access to, or...

        3. 31. All individuals who cease to be employed in duties requiring...

      5. V. EXCEPTIONAL CIRCUMSTANCES

        1. 32. Where permissible under national laws and regulations, security clearance granted...

        2. 33. For reasons of urgency, where duly justified in the interests...

        3. 34. When an individual is to be assigned to a position...

        4. 35. The above procedure shall be used for one-time access to...

        5. 36. In very exceptional circumstances, such as missions in hostile environments...

        6. 37. In the case of information classified TRÈS SECRET UE/EU TOP...

        7. 38. The Security Committee shall be informed of cases when recourse...

        8. 39. Where national laws and regulations of a Member State stipulate...

        9. 40. The Security Committee shall receive an annual report on recourse...

      6. VI. ATTENDANCE AT MEETINGS IN THE COUNCIL

        1. 41. Subject to paragraph 28, individuals assigned to participate in meetings...

        2. 42. Where a PSC for access to EUCI is withdrawn for...

      7. VII. POTENTIAL ACCESS TO EUCI

        1. 43. Couriers, guards and escorts shall be security cleared to the...

    2. ANNEX II

      PHYSICAL SECURITY

      1. I. INTRODUCTION

        1. 1. This Annex sets out provisions for implementing Article 8. It...

        2. 2. Physical security measures shall be designed to prevent unauthorised access...

      2. II. PHYSICAL SECURITY REQUIREMENTS AND MEASURES

        1. 3. Physical security measures shall be selected on the basis of...

        2. 4. The competent security authority, applying the concept of defence in...

        3. 5. The competent authority can be authorised to conduct entry and...

        4. 6. When EUCI is at risk from overlooking, even accidentally, appropriate...

        5. 7. For new facilities, physical security requirements and their functional specifications...

      3. III. EQUIPMENT FOR THE PHYSICAL PROTECTION OF EUCI

        1. 8. When acquiring equipment (such as security containers, shredding machines, door...

        2. 9. The technical specifications of equipment to be used for the...

        3. 10. Security systems shall be inspected at regular intervals and equipment...

        4. 11. The effectiveness of individual security measures and of the overall...

      4. IV. PHYSICALLY PROTECTED AREAS

        1. 12. Two types of physically protected areas, or the national equivalents...

        2. 13. The competent security authority shall establish that an area meets...

        3. 14. For Administrative Areas:

        4. 15. For Secured Areas:

        5. 16. Where entry into a Secured Area constitutes, for all practical...

        6. 17. Secured Areas protected against eavesdropping shall be designated technically Secured...

        7. 18. Notwithstanding point (d) of paragraph 17, before being used in...

        8. 19. Secured Areas which are not occupied by duty personnel on...

        9. 20. Secured Areas and technically Secured Areas may be set up...

        10. 21. Security operating procedures shall be drawn up for each Secured...

        11. 22. Strong rooms shall be constructed within Secured Areas. The walls,...

      5. V. PHYSICAL PROTECTIVE MEASURES FOR HANDLING AND STORING EUCI

        1. 23. EUCI which is classified RESTREINT UE/EU RESTRICTED may be handled:...

        2. 24. EUCI which is classified RESTREINT UE/EU RESTRICTED shall be stored...

        3. 25. EUCI which is classified CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU...

        4. 26. EUCI which is classified CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU...

        5. 27. EUCI which is classified TRÈS SECRET UE/EU TOP SECRET shall...

        6. 28. EUCI which is classified TRÈS SECRET UE/EU TOP SECRET shall...

        7. 29. Rules governing the carriage of EUCI outside physically protected areas...

      6. VI. CONTROL OF KEYS AND COMBINATIONS USED FOR PROTECTING EUCI

        1. 30. The competent security authority shall define procedures for managing keys...

        2. 31. Combination settings shall be committed to memory by the smallest...

    3. ANNEX III

      MANAGEMENT OF CLASSIFIED INFORMATION

      1. I. INTRODUCTION

        1. 1. This Annex sets out provisions for implementing Article 9. It...

      2. II. CLASSIFICATION MANAGEMENT

        1. Classifications and markings

          1. 2. Information shall be classified where it requires protection with regard...

          2. 3. The originator of EUCI shall be responsible for determining the...

          3. 4. The classification level of EUCI shall be determined in accordance...

          4. 5. The security classification shall be clearly and correctly indicated, regardless...

          5. 6. Individual parts of a given document (i.e. pages, paragraphs, sections,...

          6. 7. The overall classification level of a document or file shall...

          7. 8. To the extent possible, documents containing parts with different classification...

          8. 9. The classification of a letter or note covering enclosures shall...

        2. Markings

          1. 10. In addition to one of the security classification markings set...

        3. Abbreviated classification markings

          1. 11. Standardised abbreviated classification markings may be used to indicate the...

          2. 12. The following standard abbreviations may be used within EU classified...

        4. Creation of EUCI

          1. 13. When creating an EU classified document:

          2. 14. Where it is not possible to apply paragraph 13 to...

        5. Downgrading and declassification of EUCI

          1. 15. At the time of its creation, the originator shall indicate,...

          2. 16. The GSC shall regularly review EUCI held by it to...

      3. III. REGISTRATION OF EUCI FOR SECURITY PURPOSES

        1. 17. For every organisational entity within the GSC and Member States’...

        2. 18. For the purposes of this Decision, registration for security purposes...

        3. 19. All material classified CONFIDENTIEL UE/EU CONFIDENTIAL and above shall be...

        4. 20. The Central Registry within the GSC shall keep a record...

        5. 21. In the case of a CIS, registration procedures may be...

        6. 22. The Council shall approve a security policy on the registration...

        7. TRÈS SECRET UE/EU TOP SECRET registries

          1. 23. A registry shall be designated in the Member States and...

          2. 24. Such subordinate registries may not transmit TRÈS SECRET UE/EU TOP...

      4. IV. COPYING AND TRANSLATING EU CLASSIFIED DOCUMENTS

        1. 25. TRÈS SECRET UE/EU TOP SECRET documents shall not be copied...

        2. 26. Where the originator of documents classified SECRET UE/EU SECRET and...

        3. 27. The security measures applicable to the original document shall apply...

      5. V. CARRIAGE OF EUCI

        1. 28. Carriage of EUCI shall be subject to the protective measures...

        2. 29. The competent security authorities in the GSC and in Member...

        3. Within a building or self-contained group of buildings

          1. 30. EUCI carried within a building or self-contained group of buildings...

          2. 31. Within a building or self-contained group of buildings, information classified...

        4. Within the Union

          1. 32. EUCI carried between buildings or premises within the Union shall...

          2. 33. The carriage of information classified CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET...

          3. 34. Information classified RESTREINT UE/EU RESTRICTED may also be carried by...

          4. 35. Material classified CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET (e.g....

          5. 36. The carriage of information classified TRÈS SECRET UE/EU TOP SECRET...

        5. From within the Union to the territory of a third...

          1. 37. EUCI carried from within the Union to the territory of...

          2. 38. The carriage of information classified CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET...

          3. 39. The carriage of information classified CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET...

          4. 40. Information classified RESTREINT UE/EU RESTRICTED may also be carried by...

          5. 41. The carriage of information classified TRÈS SECRET UE/EU TOP SECRET...

      6. VI. DESTRUCTION OF EUCI

        1. 42. EU classified documents which are no longer required may be...

        2. 43. Documents subject to registration in accordance with Article 9(2) shall...

        3. 44. For documents classified SECRET UE/EU SECRET or TRÈS SECRET UE/EU...

        4. 45. The registrar and the witness, where the presence of the...

        5. 46. Classified documents, including those classified RESTREINT UE/EU RESTRICTED, shall be...

        6. 47. The destruction of computer storage media used for EUCI shall...

        7. 48. In the event of an emergency, if there is an...

      7. VII. ASSESSMENT VISITS

        1. 49. The term ‘assessment visit’ shall be used hereinafter to designate...

        2. 50. Assessment visits shall be carried out, inter alia, to:

        3. 51. Before the end of each calendar year, the Council shall...

        4. Conduct of assessment visits

          1. 52. Assessment visits shall be conducted in order to check the...

          2. 53. Assessment visits shall be conducted in two phases. Prior to...

          3. 54. Assessment visits to Member States’ national administrations, third States and...

          4. 55. Assessment visits to Union bodies, agencies and entities which apply...

          5. 56. In the case of assessment visits to Union bodies, agencies...

        5. Reports

          1. 57. At the end of the assessment visit the main conclusions...

          2. 58. For assessment visits conducted in Member States’ national administrations:

          3. 59. For assessment visits of third States and international organisations, the...

          4. 60. For assessment visits to any Union bodies, agencies and entities...

          5. 61. The GSC Security Authority shall conduct regular inspections of organisational...

        6. Checklist

          1. 62. The GSC Security Authority (Security Office) shall draw up and...

          2. 63. The information to complete the checklist shall be obtained in...

    4. ANNEX IV

      PROTECTION OF EUCI HANDLED IN CIS

      1. I. INTRODUCTION

        1. 1. This Annex sets out provisions for implementing Article 10.

        2. 2. The following IA properties and concepts are essential for the...

      2. II. INFORMATION ASSURANCE PRINCIPLES

        1. 3. The provisions set out below shall form the baseline for...

        2. Security risk management

          1. 4. Security risk management shall be an integral part of defining,...

          2. 5. The competent authorities shall review the potential threats to CIS...

          3. 6. The aim of security risk treatment shall be to apply...

          4. 7. The specific requirements, scale and the degree of detail determined...

        3. Security throughout the CIS life-cycle

          1. 8. Ensuring security shall be a requirement throughout the entire CIS...

          2. 9. The role and interaction of each actor involved in a...

          3. 10. Any CIS, including its technical and non-technical security measures, shall...

          4. 11. Security assessments, inspections and reviews shall be performed periodically during...

          5. 12. Security documentation for a CIS shall evolve over its life-cycle...

        4. Best practice

          1. 13. The GSC and the Member States shall cooperate to develop...

          2. 14. The protection of EUCI handled on CIS shall draw on...

          3. 15. The dissemination and subsequent implementation of best practice shall help...

        5. Defence in depth

          1. 16. To mitigate risk to CIS, a range of technical and...

          2. 17. The NSA or other competent authority shall ensure that:

        6. Principle of minimality and least privilege

          1. 18. Only the essential functionalities, devices and services to meet operational...

          2. 19. CIS users and automated processes shall be given only the...

          3. 20. Registration procedures performed by a CIS, where required, shall be...

        7. Information Assurance awareness

          1. 21. Awareness of the risks and available security measures is the...

          2. 22. To ensure that security responsibilities are understood, IA education and...

        8. Evaluation and approval of IT-security products

          1. 23. The required degree of confidence in the security measures, defined...

          2. 24. The level of assurance shall be verified by using internationally...

          3. 25. Cryptographic products for protecting EUCI shall be evaluated and approved...

          4. 26. Prior to being recommended for approval by the Council or...

          5. 27. Where warranted on specific operational grounds, the Council or the...

          6. 28. The Council, acting upon recommendation by the Security Committee, may...

          7. 29. An AQUA shall be a CAA of a Member State...

          8. 30. The Council shall approve a security policy on the qualification...

        9. Transmission within Secured and Administrative Areas

          1. 31. Notwithstanding the provisions of this Decision, when transmission of EUCI...

        10. Secure interconnection of CIS

          1. 32. For the purposes of this Decision, an interconnection shall mean...

          2. 33. A CIS shall treat any interconnected IT system as untrusted...

          3. 34. For all interconnections of CIS with another IT system the...

          4. 35. There shall be no interconnection between an accredited CIS and...

          5. 36. The direct or cascaded interconnection of a CIS accredited to...

        11. Computer storage media

          1. 37. Computer storage media shall be destroyed in accordance with procedures...

          2. 38. Computer storage media shall be reused, downgraded or declassified in...

        12. Emergency circumstances

          1. 39. Notwithstanding the provisions of this Decision, the specific procedures described...

          2. 40. EUCI may be transmitted using cryptographic products which have been...

          3. 41. Classified information transmitted under the circumstances set out in paragraph...

          4. 42. Should recourse be made to paragraph 39 a subsequent report...

      3. III. INFORMATION ASSURANCE FUNCTIONS AND AUTHORITIES

        1. 43. The following IA functions shall be established in the Member...

        2. Information Assurance Authority

          1. 44. The IAA shall be responsible for:

        3. TEMPEST Authority

          1. 45. The TEMPEST Authority (TA) shall be responsible for ensuring compliance...

        4. Crypto Approval Authority

          1. 46. The Crypto Approval Authority (CAA) shall be responsible for ensuring...

        5. Crypto Distribution Authority

          1. 47. The Crypto Distribution Authority (CDA) shall be responsible for:

        6. Security Accreditation Authority

          1. 48. The SAA for each system shall be responsible for:

          2. 49. The GSC SAA shall be responsible for accrediting all CIS...

          3. 50. The relevant SAA of a Member State shall be responsible...

          4. 51. A joint Security Accreditation Board (SAB) shall be responsible for...

        7. Information Assurance Operational Authority

          1. 52. The IA Operational Authority for each system shall be responsible...

    5. ANNEX V

      INDUSTRIAL SECURITY

      1. I. INTRODUCTION

        1. 1. This Annex sets out provisions for implementing Article 11. It...

        2. 2. The Council shall approve guidelines on industrial security outlining in...

      2. II. SECURITY ELEMENTS IN A CLASSIFIED CONTRACT

        1. Security classification guide (SCG)

          1. 3. Prior to launching a call for tender or letting a...

          2. 4. In order to determine the security classification of the various...

        2. Security aspects letter (SAL)

          1. 5. The contract-specific security requirements shall be described in a SAL....

          2. 6. The SAL shall contain the provisions requiring the contractor and/or...

        3. Programme/Project Security Instructions (PSI)

          1. 7. Depending on the scope of programmes or projects involving access...

      3. III. FACILITY SECURITY CLEARANCE (FSC)

        1. 8. An FSC shall be granted by the NSA or DSA...

        2. 9. When issuing an FSC, the relevant NSA or DSA shall,...

        3. 10. Where relevant, the GSC, as the contracting authority, shall notify...

        4. 11. The contracting authority shall not award a classified contract with...

        5. 12. The NSA/DSA or any other competent security authority which has...

        6. 13. Withdrawal of an FSC by the relevant NSA/DSA or any...

      4. IV. CLASSIFIED CONTRACTS AND SUB-CONTRACTS

        1. 14. Where EUCI is provided to a bidder at the pre-contractual...

        2. 15. Once a classified contract or sub-contract has been awarded, the...

        3. 16. When such contracts are terminated, the GSC, as the contracting...

        4. 17. As a general rule, the contractor or subcontractor shall be...

        5. 18. Specific provisions for the disposal of EUCI during the performance...

        6. 19. Where the contractor or subcontractor is authorised to retain EUCI...

        7. 20. The conditions under which the contractor may subcontract shall be...

        8. 21. A contractor shall obtain permission from the GSC, as the...

        9. 22. The contractor shall be responsible for ensuring that all sub-contracting...

        10. 23. With regard to EUCI created or handled by the contractor...

      5. V. VISITS IN CONNECTION WITH CLASSIFIED CONTRACTS

        1. 24. Where the GSC, contractors’ or subcontractors’ personnel require access to...

        2. 25. All visitors shall hold an appropriate PSC and have a...

        3. 26. Visitors shall be given access only to EUCI related to...

      6. VI. TRANSMISSION AND CARRIAGE OF EUCI

        1. 27. With regard to the transmission of EUCI by electronic means,...

        2. 28. With regard to the carriage of EUCI, the relevant provisions...

        3. 29. For the transport of classified material as freight, the following...

      7. VII. TRANSFER OF EUCI TO CONTRACTORS LOCATED IN THIRD STATES

        1. 30. EUCI shall be transferred to contractors and subcontractors located in...

      8. VIII INFORMATION CLASSIFIED RESTREINT UE/EU RESTRICTED

        1. 31. In liaison, as appropriate, with the NSA/DSA of the Member...

        2. 32. To the extent necessary under national laws and regulations, NSAs/DSAs...

        3. 33. An FSC or a PSC for contractors or subcontractors and...

        4. 34. The GSC, as the contracting authority, shall examine the responses...

        5. 35. The conditions under which the contractor may subcontract shall be...

        6. 36. Where a contract involves handling information classified RESTREINT UE/EU RESTRICTED...

    6. ANNEX VI

      EXCHANGE OF CLASSIFIED INFORMATION WITH THIRD STATES AND INTERNATIONAL ORGANISATIONS

      1. I. INTRODUCTION

        1. 1. This Annex sets out provisions for implementing Article 13.

      2. II. FRAMEWORKS GOVERNING THE EXCHANGE OF CLASSIFIED INFORMATION

        1. 2. Where the Council determines that a long-term need exists to...

        2. 3. Where EUCI generated for the purposes of a CSDP operation...

        3. 4. In the absence of a framework referred to in paragraphs...

      3. III. SECURITY OF INFORMATION AGREEMENTS

        1. 5. Security of information agreements shall establish the basic principles and...

        2. 6. Security of information agreements shall provide for technical implementing arrangements...

        3. 7. No EUCI shall be exchanged under a security of information...

        4. 8. When the Council concludes a security of information agreement, a...

        5. 9. In order to assess the effectiveness of the security regulations,...

        6. 10. The team conducting an assessment visit on behalf of the...

        7. 11. The findings of such visits shall be set out in...

        8. 12. Every endeavour shall be made to conduct a full security...

        9. 13. The report on the assessment visit, or in the absence...

        10. 14. The competent security authorities of the Union institutions and bodies...

        11. 15. Follow-up assessment visits shall be conducted as necessary, in particular...

        12. 16. Once the security of information agreement is in force and...

      4. IV. ADMINISTRATIVE ARRANGEMENTS

        1. 17. Where a long-term need exists to exchange information classified as...

        2. 18. Where, for urgent operational reasons, a framework for exchanging classified...

        3. 19. Administrative arrangements shall as a general rule take the form...

        4. 20. An assessment visit referred to in paragraph 9 shall be...

        5. 21. No EUCI shall be exchanged under an administrative arrangement by...

      5. V. EXCHANGE OF CLASSIFIED INFORMATION IN THE CONTEXT OF CSDP OPERATIONS...

        1. 22. Framework participation agreements govern the participation of third States or...

        2. 23. Ad hoc participation agreements concluded for a specific CSDP operation...

        3. 24. In the absence of a security of information agreement and...

        4. 25. The provisions on classified information to be included in framework...

        5. 26. If a security of information agreement is subsequently concluded between...

        6. 27. No exchange of EUCI by electronic means shall be permitted...

        7. 28. EUCI generated for the purposes of a CSDP operation may...

        8. 29. In the absence of a security of information agreement, the...

        9. 30. In the absence of a security of information agreement, the...

        10. 31. No implementing arrangements or assessment visits are required prior to...

      6. VI. EXCEPTIONAL AD HOC RELEASE OF EUCI

        1. 32. Where no framework is in place in accordance with Sections...

        2. 33. If the Security Committee issues a recommendation in favour of...

        3. 34. If the Security Committee’s recommendation is not in favour of...

        4. 35. Where deemed appropriate, and subject to the prior written consent...

        5. 36. Following a decision to release EUCI, the GSC shall forward...

      7. VII. AUTHORITY TO RELEASE EUCI TO THIRD STATES OR INTERNATIONAL ORGANISATIONS...

        1. 37. Where a framework exists in accordance with paragraph 2 for...

        2. 38. Where a security of information agreement exists in accordance with...

        3. 39. Where a framework exists in accordance with paragraph 2 or...

  22. ATTACHMENTS

    1. Appendices

    2. Appendix A

    3. Appendix B

    4. Appendix C

    5. Appendix D

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