CHAPTER 3

WORKING WITH EXISTING CONFIDENTIEL UE/EU CONFIDENTIAL AND SECRET UE/EU SECRET INFORMATION

Originator control
Article 14
1
The originator shall have ‘originator control’ over CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information which it has created. The originator's prior written consent shall be sought before the information can be:
a
declassified or downgraded;
b
used for purposes other than those established by the originator;
c
released to a third country or international organisation;
d
disclosed to a party outside the Commission but within the EU; or
e
disclosed to a contractor or prospective contractor located in a third country.
2
Holders of CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information are duly authorised individuals that have been given access to the classified information in order to be able to perform their duties. They are responsible for the correct handling, storage and protection of it in accordance with Decision (EU, Euratom) 2015/444. Unlike originators of classified information, holders shall not be authorised to decide on the downgrading, declassification or onward release of CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET information.
3
If the originator of a piece of CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET information cannot be identified, the Commission department holding that classified information shall exercise originator control. The Commission Security Expert Group shall be consulted before CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET information is released to a third country or international organisation.

CIS suitable for handling CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information
Article 15
1
CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information shall be handled and transmitted by electronic means, where these are available. Only CIS and equipment that has been accredited by the Commission security accreditation authority for handling information classified at the relevant level or a higher classification level shall be used.
2
Where a Commission department has the appropriate equipment to handle and send information classified at these levels it shall assist other Commission entities in handling and sending information appropriately, as far as it is able to do so.

Specific measures for CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information on removable storage media
Article 16
1
The use of removable storage media shall be strictly controlled and accounted for. Only removable storage media provided by the Commission and encrypted by a product approved by the Commission security authority shall be used. Personal removable storage media and those given freely at conferences, seminars, etc. shall not be used for transferring classified information. Where possible, Tempest-proof removable storage media should be used, in accordance with the guidance from the Commission security authority.
2
Where a classified document is handled or stored electronically on removable storage media, such as USB sticks, CDs or memory cards, the classification marking shall be clearly visible on the displayed information itself, as well as in the filename and on the removable storage medium.
3
Staff shall bear in mind that when large amounts of classified information are stored on removable storage media the device may warrant a higher classification level.
4
Only CIS that have been appropriately accredited shall be used to transfer CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET information onto or from removable storage media.
5
When downloading such information on removable storage media, particular care shall be taken to ensure that the media does not contain viruses or malware prior to the transfer of the data.
6
Where applicable, removable storage media shall be handled in accordance with any security operating procedures relating to the encryption system used.
7
Documents on removable storage media that are either no longer required, or have been transferred onto an appropriate CIS, shall be securely removed or deleted using approved products or methods. Unless stored in an appropriate safe, removable storage media shall be destroyed when no longer needed. Any destruction or deletion shall use a method that is in accordance with the Commission security rules. An inventory shall be kept of the removable media, and their destruction shall be registered.

Handling and storage of CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information
Article 17
1
In accordance with Article 19(3)(a) of Decision (EU, Euratom) 2015/444, CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information shall be handled in a Secured Area .
2
Pursuant to Article 19(3)(b) of Decision (EU, Euratom) 2015/444, this information may be handled in an Administrative Area , provided the EUCI is protected from access by unauthorised persons.
3
This information may be handled outside a Secured Area or an Administrative Area provided the holder has undertaken to comply with compensatory measures as required under Article 19(3)(c) of Decision (EU, Euratom) 2015/444, which shall include at least the following:
- CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET documents shall not be read in public places.
- The EUCI shall be kept at all times under the personal control of the holder.
- In the case of documents in paper form, the holder has notified the relevant registry of the fact that the classified documents are being handled outside a Secured Area and Administrative Area.
- The documents shall be stowed in an appropriate safe when they are not being read or discussed.
- The doors to the room shall be closed while the document is being read or discussed.
- The details of the document shall not be discussed over the phone on a non-secured line or in an email.
- The document shall not be photocopied or scanned by the holder. Only the registry may provide any further copies.
- The document shall only be handled and temporarily held outside an Administrative or Secured Area for the minimum time necessary, after which it shall be returned to the registry.
- Return of the document shall be signed for.
- The holder shall not throw the classified document away or destroy it.
4
CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information shall be stored in a Secured Area in a security container or a strong room.
5
Further advice can be sought from the Local Security Officer (LSO) of the relevant Commission department.
6
Any suspected or actual security incidents involving the document shall be reported to the LSO as soon as possible.

Copying and translating CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information
Article 18
1
CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information may be copied or translated on instruction from the holder, provided the originator has not imposed any caveats. However, no more copies shall be made than are strictly necessary.
2
Where only part of a classified document is reproduced, the same conditions shall apply as for copying the full document. Extracts shall also be classified at the same level, unless the originator has specifically classified them at a lower level, or marked them as unclassified.
3
The security measures applicable to the original information shall also be applied to copies and translations thereof.

General principles for carrying CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information
Article 19
1
Whenever possible, CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information that needs to be taken outside Secured Areas or Administrative Areas shall be sent electronically by appropriately accredited means and/or protected by approved cryptographic products.
2
Depending on the means available or the particular circumstances, CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information may be physically carried by hand in the form of paper documents or on removable storage media. The use of removable storage media to transfer CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information shall be given preference to sending paper documents.
3
Only removable storage media encrypted by a product approved by the Commission security authority may be used. CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information on removable storage media that is not protected by an encryption product that has been approved by the Commission security authority shall be handled in the same manner as paper copy.
4
A consignment may contain more than one piece of EUCI, provided the need-to-know principle is respected.
5
The packaging used shall ensure that the contents are covered from view. CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information shall be carried in two layers of opaque packaging, such as envelopes, opaque folders or a briefcase. The outer packaging shall not bear any indication of the nature or classification level of its contents. The inner layer of packaging shall be marked as CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET. Both layers shall state the intended recipient's name, job title and address, as well as a return address in case delivery cannot be made.
6
Staff or couriers hand-carrying CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET information shall be security authorised and shall be issued with a courier certificate.
7
The envelope/package shall not be opened en route. The security authorisation for the courier does not authorise him/her to access the content of the classified information.
8
Any security incidents involving CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET information that is carried by staff or couriers shall be reported for subsequent investigation to the Security Directorate of the Directorate-General for Human Resources and Security, via the LSO of the relevant Commission department.

Hand carriage of removable storage media
Article 20
1
Removable storage media that are used to transport CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information shall be accompanied by a dispatch note, detailing the removable storage media containing the classified information, as well as all files contained on them, to allow the recipient to make the necessary verifications and to confirm receipt.
2
Only the documents to be provided shall be stored on the media. All the classified information on a single USB stick, for instance, would have to be intended for the same recipient. The sender shall bear in mind that large amounts of classified information stored on such devices may warrant a higher classification level for the device as a whole.
3
Only removable storage media bearing the appropriate classification marking shall be used to carry CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET information.
4
Any CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET information saved on removable storage media shall be registered for security purposes.

Carriage of CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET documents within Commission buildings
Article 21
1
Security authorised staff may carry CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET documents within a Commission building, but the documents shall not leave the possession of the bearer or be read in public.
2
CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET documents shall not be sent through internal mail.

Carriage of CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET documents within the Union
Article 22
1
CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information may be carried by staff or Commission couriers anywhere within the Union provided they comply with the following instructions:
a
opaque double envelopes or packaging shall be used to convey CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information. The outside shall not bear any indication of the nature or classification level of its contents;
b
the CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET information shall not leave the possession of the bearer; and
c
the envelope or package shall not be opened en route and the information shall not be read in public places.
2
Registry staff wishing to send CONFIDENTIEL UE/EU CONFIDENTIAL information to other locations in the Union may arrange for it to be conveyed by one of the following means:
- by national postal services that track the consignment or certain commercial courier services that guarantee personal hand carriage, provided that they meet the requirements set out in Article 24 of this Decision;
- by military, government or diplomatic courier.
3
Staff wishing to send SECRET UE/EU SECRET information to other Member States in the EU may only arrange with their Registry for it to be conveyed by military, government or diplomatic courier, but not by postal services or commercial couriers.
4
Commission staff or official Commission couriers bearing CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET information shall carry a courier certificate for each consignment, issued by the respective department's registry, which certifies that the bearer is authorised to carry the consignment.

Carriage of CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET information from or to the territory of a third country
Article 23
1
Information classified as CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET may be hand-carried by staff between the territory of the Union and the territory of a third country.
2
Registry staff may arrange for carriage by military or diplomatic courier.
3
When hand-carrying either paper documents or removable storage media classified as CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET, staff shall comply with all of the following additional measures:
- When travelling by public transport the classified information shall be placed in a briefcase or bag that is kept in the bearer's personal custody. It shall not be consigned to a baggage hold.
- The inner layer of packaging shall bear an official seal to indicate that it is an official consignment and is not to undergo security scrutiny.
- The bearer shall carry a courier certificate, which certifies that the bearer is authorised to carry the CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET consignment, issued by the relevant department's registry.

Transport by commercial couriers
Article 24
1
For the purposes of this Decision, ‘commercial couriers’ include national postal services and commercial courier companies that offer a service where information is delivered for a fee and is either personally hand carried or tracked.
2
Commercial couriers may convey CONFIDENTIEL UE/EU CONFIDENTIAL information within a Member State or from one Member State to another Member State. Commercial couriers may convey SECRET UE/EU SECRET information only within a Member State, but not abroad.
3
Commercial courier services shall be instructed that they may deliver CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET consignments only to the Registry Control Officer, to his duly authorised substitute or to the intended recipient.
4
Commercial couriers may use the services of a sub-contractor. However, responsibility for complying with this Decision shall remain with the courier company.
5
Services offered by commercial couriers providing electronic transmission of registered delivery documents shall not be used for CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET information.

Preparation of EUCI for transport by commercial courier services
Article 25
1
When classified consignments are being prepared the sender shall bear in mind that commercial courier services shall only deliver CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET consignments to the intended recipient, a duly authorised substitute, the registry control officer or his/her duly authorised substitute or a receptionist.
2
When such information is sent by an approved commercial courier service the consignment shall be prepared and packaged as follows:
a
The consignment shall be sent using double envelopes (the inner envelope being such that any attempt to open it will be evident) or other suitably secure packing material.
b
The classification level shall be clearly visible on the inner envelope or inner layer of packaging.
c
The classification shall not be indicated on the outer envelope or the outer layer of packaging.
d
Both the inner and outer envelopes or layers of packaging shall be clearly addressed to a named individual at the intended recipient, and shall include a return address.
e
A registration receipt form shall be placed inside the inner envelope or inner layer of packaging for the recipient to complete and return. The registration receipt, which shall not itself be classified, shall quote the reference number, date and copy number of the document, but not the subject.
f
Delivery receipts are required in the outer envelope or outer packaging. The delivery receipt, which itself shall not be classified, shall quote the reference number, date and copy number of the document, but not the subject.
g
The courier service must obtain and provide the sender with proof of delivery of the consignment on the signature and tally record, or the courier must obtain receipts or package numbers.
3
The sender shall liaise with the named recipient before the consignment is sent to agree a suitable date and time for delivery.
4
The sender is solely responsible for any consignment sent by a commercial courier service. In the event that the consignment is lost or not delivered on time, the sender shall report it to the Commission security authority, which will follow up the security incident.

Other specific handling conditions
Article 26
1
Any carriage conditions set out in a security of information agreement or in administrative arrangements shall be complied with. If in doubt, staff shall consult their respective registry or the Security Directorate in the Directorate-General for Human Resources and Security.
2
The double packaging requirement can be waived for classified information that is protected by approved cryptographic products. However, for addressing purposes, and also as the removable storage medium bears an explicit security classification marking, the medium shall be carried in at least an ordinary envelope but may require additional physical protection measures, such as bubble wrap envelopes.
As defined in Article 18 of Decision (EU, Euratom) 2015/444.
As defined in Article 18 of Decision (EU, Euratom) 2015/444.