CHAPTER 1
GENERAL PROVISIONS
Article 1
Subject matter and scope
1. This Decision sets out the handling conditions for EU classified information (EUCI) of RESTREINT UE/EU RESTRICTED level (3) in compliance with Decision No 41-2021.
2. This Decision shall apply to all the departments and the premises of the Court of Auditors. It also applies to its Chambers and Committees, which are included in the term ‘departments’ for the purposes of this Decision.
Article 2
Criteria for access to RESTREINT UE/EU RESTRICTED information
1. Access to information classified as RESTREINT UE/EU RESTRICTED may be granted after:
|
(a) |
the need for an individual to have access to certain RESTREINT UE/EU RESTRICTED information in order to be able to perform a professional function or task for the Court of Auditors has been determined; |
|
(b) |
the individual has been briefed on the rules and the relevant security standards and guidelines for protecting RESTREINT UE/EU RESTRICTED information; and |
|
(c) |
the individual has acknowledged their responsibilities for protecting the information concerned. |
2. Court of Auditors trainees shall not be given duties that require them to have access to RESTREINT UE/EU RESTRICTED information.
3. Access shall be withheld or granted for other categories of staff in accordance with the table set out in the Annex.
CHAPTER 2
CREATING RESTREINT UE/EU RESTRICTED INFORMATION
Article 3
Originator
While the originator within the meaning of Article 2 of Decision No 41-2021 is the Union institution, agency or body, Member State, third state or international organisation under whose authority classified information has been created and/or introduced into the Union’s structures, the drafter of RESTREINT UE/EU RESTRICTED information will not necessarily be the same.
Article 4
Assigning a classification level
1. Staff drafting a document on the basis of information within the meaning of Article 1, in the context of Article 3 paragraph 6 of Decision No 41-2021 or otherwise, shall always consider whether their document needs to be classified. Classifying a document as EUCI shall involve an assessment and a decision by the originator as to whether the disclosure of the document to unauthorised persons would cause prejudice to the interests of the European Union or of one or more of the Member States. If drafters are in any doubt as to whether the document they are drafting warrants being classified as RESTREINT UE/EU RESTRICTED, they should consult the Principal Manager or Director responsible.
2. A document shall be classified as at least RESTREINT UE/EU RESTRICTED if its unauthorised disclosure could, inter alia:
|
(a) |
adversely affect diplomatic relations; |
|
(b) |
cause substantial distress to individuals; |
|
(c) |
make it more difficult to maintain the operational effectiveness or security of Member States’ or other contributors’ assigned personnel; |
|
(d) |
breach undertakings to maintain the confidence of information provided by third parties; |
|
(e) |
prejudice the investigation of or facilitate crime; |
|
(f) |
disadvantage the Union or Member States in commercial or policy negotiations with others; |
|
(g) |
impede the effective development or operation of Union policies; |
|
(h) |
undermine the proper management of the Union and its missions in general; or |
|
(i) |
lead to the discovery of information classified at a higher level. |
3. Originators may decide to attribute a standard classification level to categories of information that they create on a regular basis. However, they shall ensure that individual pieces of information are assigned the appropriate classification level.
Article 5
Working with drafts
1. Information shall be classified as soon as it is produced. Personal notes, preliminary drafts or messages containing information that warrant classification at the level of RESTREINT UE/EU RESTRICTED shall be marked as such from the outset, and shall be produced and handled in accordance with this Decision.
2. If the final document no longer warrants the RESTREINT UE/EU RESTRICTED classification level, it shall be declassified.
Article 6
Record of source material
In order to enable the exercise of originator control in accordance with Article 13, originators of RESTREINT UE/EU RESTRICTED documents shall, to the extent possible, keep a record of any classified sources used for producing classified documents, including details of sources originally from EU Member States, international organisations or third countries. Where appropriate, aggregated classified information shall be marked in such a way as to preserve the identification of the originators of the classified source materials used.
CHAPTER 3
CREATING RESTREINT UE/EU RESTRICTED INFORMATION
Article 3
Originator
While the originator within the meaning of Article 2 of Decision No 41-2021 is the Union institution, agency or body, Member State, third state or international organisation under whose authority classified information has been created and/or introduced into the Union’s structures, the drafter of RESTREINT UE/EU RESTRICTED information will not necessarily be the same.
Article 4
Assigning a classification level
1. Staff drafting a document on the basis of information within the meaning of Article 1, in the context of Article 3 paragraph 6 of Decision No 41-2021 or otherwise, shall always consider whether their document needs to be classified. Classifying a document as EUCI shall involve an assessment and a decision by the originator as to whether the disclosure of the document to unauthorised persons would cause prejudice to the interests of the European Union or of one or more of the Member States. If drafters are in any doubt as to whether the document they are drafting warrants being classified as RESTREINT UE/EU RESTRICTED, they should consult the Principal Manager or Director responsible.
2. A document shall be classified as at least RESTREINT UE/EU RESTRICTED if its unauthorised disclosure could, inter alia:
|
(a) |
adversely affect diplomatic relations; |
|
(b) |
cause substantial distress to individuals; |
|
(c) |
make it more difficult to maintain the operational effectiveness or security of Member States’ or other contributors’ assigned personnel; |
|
(d) |
breach undertakings to maintain the confidence of information provided by third parties; |
|
(e) |
prejudice the investigation of or facilitate crime; |
|
(f) |
disadvantage the Union or Member States in commercial or policy negotiations with others; |
|
(g) |
impede the effective development or operation of Union policies; |
|
(h) |
undermine the proper management of the Union and its missions in general; or |
|
(i) |
lead to the discovery of information classified at a higher level. |
3. Originators may decide to attribute a standard classification level to categories of information that they create on a regular basis. However, they shall ensure that individual pieces of information are assigned the appropriate classification level.
Article 5
Working with drafts
1. Information shall be classified as soon as it is produced. Personal notes, preliminary drafts or messages containing information that warrant classification at the level of RESTREINT UE/EU RESTRICTED shall be marked as such from the outset, and shall be produced and handled in accordance with this Decision.
2. If the final document no longer warrants the RESTREINT UE/EU RESTRICTED classification level, it shall be declassified.
Article 6
Record of source material
In order to enable the exercise of originator control in accordance with Article 13, originators of RESTREINT UE/EU RESTRICTED documents shall, to the extent possible, keep a record of any classified sources used for producing classified documents, including details of sources originally from EU Member States, international organisations or third countries. Where appropriate, aggregated classified information shall be marked in such a way as to preserve the identification of the originators of the classified source materials used.
CHAPTER 2
CREATING RESTREINT UE/EU RESTRICTED INFORMATION
Article 3
Originator
While the originator within the meaning of Article 2 of Decision No 41-2021 is the Union institution, agency or body, Member State, third state or international organisation under whose authority classified information has been created and/or introduced into the Union’s structures, the drafter of RESTREINT UE/EU RESTRICTED information will not necessarily be the same.
Article 4
Assigning a classification level
1. Staff drafting a document on the basis of information within the meaning of Article 1, in the context of Article 3 paragraph 6 of Decision No 41-2021 or otherwise, shall always consider whether their document needs to be classified. Classifying a document as EUCI shall involve an assessment and a decision by the originator as to whether the disclosure of the document to unauthorised persons would cause prejudice to the interests of the European Union or of one or more of the Member States. If drafters are in any doubt as to whether the document they are drafting warrants being classified as RESTREINT UE/EU RESTRICTED, they should consult the Principal Manager or Director responsible.
2. A document shall be classified as at least RESTREINT UE/EU RESTRICTED if its unauthorised disclosure could, inter alia:
|
(a) |
adversely affect diplomatic relations; |
|
(b) |
cause substantial distress to individuals; |
|
(c) |
make it more difficult to maintain the operational effectiveness or security of Member States’ or other contributors’ assigned personnel; |
|
(d) |
breach undertakings to maintain the confidence of information provided by third parties; |
|
(e) |
prejudice the investigation of or facilitate crime; |
|
(f) |
disadvantage the Union or Member States in commercial or policy negotiations with others; |
|
(g) |
impede the effective development or operation of Union policies; |
|
(h) |
undermine the proper management of the Union and its missions in general; or |
|
(i) |
lead to the discovery of information classified at a higher level. |
3. Originators may decide to attribute a standard classification level to categories of information that they create on a regular basis. However, they shall ensure that individual pieces of information are assigned the appropriate classification level.
Article 5
Working with drafts
1. Information shall be classified as soon as it is produced. Personal notes, preliminary drafts or messages containing information that warrant classification at the level of RESTREINT UE/EU RESTRICTED shall be marked as such from the outset, and shall be produced and handled in accordance with this Decision.
2. If the final document no longer warrants the RESTREINT UE/EU RESTRICTED classification level, it shall be declassified.
Article 6
Record of source material
In order to enable the exercise of originator control in accordance with Article 13, originators of RESTREINT UE/EU RESTRICTED documents shall, to the extent possible, keep a record of any classified sources used for producing classified documents, including details of sources originally from EU Member States, international organisations or third countries. Where appropriate, aggregated classified information shall be marked in such a way as to preserve the identification of the originators of the classified source materials used.
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Alin Lincă - 18.04.2023
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