Interinstitutional Agreement between the European Parliament and the Council concerning classified information held by the Council

The agreement between the two institutions sets out how sensitive or classified information the Council shares with the Parliament is to be accessed and handled.

ACT

Interinstitutional Agreement of 12 March 2014 between the European Parliament and the Council concerning the forwarding to and handling by the European Parliament of classified information held by the Council on matters other than those in the area of the common foreign and security policy.

SUMMARY

WHAT THE AGREEMENT DOES

The text determines the access to and handling of classified information, forwarded by the Council to the European Parliament (EP). It applies to areas where the EP is co-legislator, is to be consulted or is required to give its consent. The agreement covers international agreements which are not exclusively related to the EU’s common foreign and security policy, activities, evaluation reports or other documents on which the EP is to be informed and documents on the activities of EU agencies in whose evaluation or scrutiny the EP is involved.

KEY POINTS

The agreement defines EU classified information bearing one of the following security classification markings:

• EU RESTRICTED;
• EU CONFIDENTIAL;
• EU SECRET;
• EU TOP SECRET.

It also applies to classified information from an EU or non-EU country or international organisations, bearing a security classification equivalent to one of the above.

Certain conditions apply, as follows.

• The EP must protect classified information in accordance with its security rules, which are equivalent to the Council’s. Such information must not be used for purposes other than those for which access was provided. Only with the Council’s prior written consent may such information be disclosed to unauthorised persons, made public or shared with other EU institutions, EU countries, non-EU countries or international organisations.
• Members of the European Parliament (MEPs) are granted access according to the security classification level. They have to be security cleared and authorised by the president of the Parliament. In certain cases, MEPs who have signed a declaration of non-disclosure may be granted access. Specific officials require security clearance and are given the privilege solely on a need-to-know basis.
• Such information must be registered so any users can be traced, stored in a secure area and consulted only in a secure reading room on the Parliament’s premises.
• Users may not photocopy or photograph the content, take notes or bring electronic devices into the room.
• Anyone losing or misusing classified information may be liable to disciplinary and/or legal action.

WHEN AGREEMENT APPLIES

The agreement was signed on 12 March 2014. It came into force on 1 April 2014.

BACKGROUND

The agreement ensures that classified information which the EP requires to carry out its duties is handled in a secure and responsible manner and in line with the existing security rules. In addition it ensures equivalent treatment of classified information across EU institutions.

RELATED ACTS

Decision of the Bureau of the European Parliament of 15 April 2013 concerning the rules governing the treatment of confidential information by the European Parliament (Official Journal C 96 of 1 April 2014, p. 1).

Decision of the Bureau of the European Parliament of 6 June 2011 concerning the rules governing the treatment of confidential information by the European Parliament (Official Journal C 190 of 30 June 2011, p. 2).

23.09.2014