Decision (EU) 2016/2387 of the General Court
of 14 September 2016
concerning the security rules applicable to information or material produced in accordance with Article 105(1) or (2) of the Rules of Procedure
THE GENERAL COURT
Having regard to the Rules of Procedure, and in particular Article 105(11) thereof,
Whereas:
In accordance with Article 105(1) and (2) of the Rules of Procedure, a main party to the proceedings may, on his own initiative or following a measure of inquiry ordered by the General Court, produce information or material pertaining to the security of the European Union or to that of one or more of its Member States or to the conduct of their international relations. Article 105(3) to (10) of those Rules lays down the procedural rules applicable to such information or material.
In view of the sensitive, confidential nature of the information or material concerned, the application of the body of rules established by Article 105 of the Rules of Procedure requires a suitable security framework to be set up in order to ensure a high level of protection for that information or material.
To this end, the security framework must be applied to all information or material produced in accordance with Article 105(1) or (2) of the Rules of Procedure if it is European Union classified information or if the main party producing it has indicated that to communicate it to the other main party would harm the security of the Union or of its Member States or the conduct of their international relations, even when that information or material is not European Union classified information.
In order to guarantee a high level of protection for that information or for that material, the fundamental principles and minimum security rules for the protection of that information or material are based on those applicable for the protection of SECRET UE/EU SECRET classified information according to the rules of the EU institutions on the protection of European Union classified information (EUCI), in particular those adopted by the Council of the European Union, the European Parliament and the European Commission.
Information or material produced in accordance with Article 105(1) or (2) of the Rules of Procedure shall be given a mark specific to the Court of Justice of the European Union, called ‘FIDUCIA’, which is to determine the security rules applicable to it throughout proceedings before the General Court and, in the event of an appeal, before the Court of Justice. The affixing and removing of this marking shall have no consequences for the classification of information communicated to the General Court.
Access to FIDUCIA information shall be provided in accordance with the need-to-know principle,
HAS DECIDED: