CHAPTER 7EXCHANGE OF CLASSIFIED INFORMATION WITH OTHER UNION INSTITUTIONS, AGENCIES, BODIES AND OFFICES, WITH MEMBER STATES, AND WITH THIRD STATES AND INTERNATIONAL ORGANISATIONS

Article 54Exchange of EUCI with third States and international organisations

1.

Where the Commission determines that it has a long-term need to exchange classified information with third States or international organisations, the necessary steps shall be undertaken to establish an appropriate legal or administrative framework to that effect, which may include security of information agreements or administrative arrangements concluded in accordance with the relevant regulations.

2.

Such security of information agreements and administrative agreements referred to in paragraph 1 shall contain provisions to ensure that when third States or international organisations receive EUCI, such information is given protection appropriate to its classification level and according to minimum standards which are equivalent to those laid down in this Decision.

3.

The Commission may enter into administrative arrangements in accordance with Article 56 where the classification level of EUCI is as a general rule no higher than RESTREINT UE/EU RESTRICTED.

4.

Administrative arrangements for the exchange of classified information referred to in paragraph 3 shall contain provisions to ensure that when third States or international organisations receive EUCI, such information is given protection appropriate to its classification level and according to minimum standards which are equivalent to those laid down in this Decision. The Commission Security Expert Group shall be consulted on the conclusion of security of information agreements or administrative arrangements.

5.

The decision to release EUCI originating in the Commission to a third State or international organisation shall be taken by the Commission department, as originator of this EUCI within the Commission, on a case-by-case basis, according to the nature and content of such information, the recipient's need-to-know and the measure of advantage to the Union. If the originator of the classified information for which release is desired, or of the source material it may contain, is not the Commission, the Commission department which holds this classified information, shall first seek the originator's written consent to release. If the originator cannot be established, the Commission department, which holds this classified information, shall assume the former's responsibility after consulting the Commission Security Expert Group.