EU Institutions

The interinstitutional agreement for the transmission of classified documents in force

(BRUSSELS2) The EU Council of Ministers (in its Justice configuration) approved on Monday (3 March) the partial entry into force of the interinstitutional agreement approved in autumn 2012 between the European Parliament and the Council of Europe. EU. This agreement allows the transmission to the European Parliament, and the processing by it, of classified information held by the Council concerning matters " other than those covered by the common foreign and security policy ". But his signature had been conditional on the express reservation of a " equivalence determination » security systems.

Equivalence of security measures between the 2 institutions

The principle laid down in this agreement (Article 8, § 3) was in fact that the Council would only communicate classified information to the European Parliament once the Council, “ together with the European Parliament », would have determined that the equivalence of security systems is ensured at two levels: 1° between the basic principles and minimum standards established for the protection of classified information in the security rules of the European Parliament and of the Council; 2° between the level of protection enjoyed by classified information on the premises of the European Parliament and on those of the Council.

Insurance certificate

The EU Security Committee (*) concluded in September 2013 that the measures put in place in Brussels by the European Parliament " physically and in terms of organization and procedures ", in order to protect classified information of the EU, " meet the requirements for handling and storing paper information classified at the RESTREINT UE/EU RESTRICTED level” (*). Furthermore, in accordance with the interinstitutional agreement, it was agreed that information classified as "RESTREINT UE" or at a level equivalent to this “will be processed and stored in accordance with the rules applicable at the CONFIDENTIEL UE/EU CONFIDENTIAL level and/or higher”. This condition is also met. And on February 10, the Secretariat of the European Parliament notified the Presidency of the Security Committee that the " priority recommendations had been implemented » and shares « measures taken to comply with the remaining recommendations”.

The decision approved by the Board assures "that this equivalence is met for classified information" RESTREINT UE/EU RESTRICTED on paper on the premises of the European Parliament in Brussels ". On the other hand, this is not yet the case for classified documents " at CONFIDENTIEL UE/EU CONFIDENTIAL level and/or above " who " will (therefore) not be communicated under (the interinstitutional agreement) until it has been determined that equivalence is assured as far as they are concerned”.

(Nicolas Gros-Verheyde)

Read also: Limited access for parliamentarians to Canada-EU negotiating directives

(*) There are 4 levels of confidentiality, from the least secret to the most secret: 1) RESTREINT UE/EU RESTRICTED", 2) "CONFIDENTIEL UE/EU CONFIDENTIAL", 3) "SECRET UE/EU SECRET", 4) "TRES EU SECRET/EU TOP SECRET".

(**) A working group of the Council, not to be confused with the COPS - the Political and Security Committee (COPS) which brings together the ambassadors.

Nicolas Gros Verheyde

Editorial Director of B2. Graduate in European law from the University of Paris I Pantheon Sorbonne, auditor of the 65th session of IHEDN (Institute of Advanced Studies in National Defense). Journalist since 1989. (France-Soir, La Tribune, Arte, Ouest-France, Sud-Ouest)

Leave comments

This site uses Akismet to reduce unwanted. Learn more about how your feedback data is processed.