CHAPTER 5SHARING AND EXCHANGING CONFIDENTIEL UE/EU CONFIDENTIAL AND SECRET UE/EU SECRET INFORMATION

Article 35Exchanging CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information with third countries and international organisations

1

CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information shall only be released to a third country or international organisation if the recipient has a need-to-know and the country or international organisation has an appropriate legal or administrative framework in place, such as a security of information agreement or an administrative arrangement with the Commission. The provisions of such an agreement or arrangement shall prevail over the provisions of this Decision.

2

The EUCI registry managed by the Secretariat-General shall as a general rule act as the main point of entry and exit for all information classified CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET exchanged between the Commission and third countries and international organisations. The Commission security authority shall be consulted where there are security, organisational or operational grounds which make it more appropriate for local EUCI registries to operate as the point of entry and exit for matters within the competence of the department concerned.

3

Any classified information received from a third country or an international organisation shall be registered for security purposes. Staff shall therefore contact the registry if they receive classified information from outside the usual registry circuit.

4

To ensure traceability, CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information shall be registered:

  • when it arrives in or leaves an organisational entity; and

  • when it arrives in or leaves a CIS.

5

Such registration may be carried out on paper or in electronic logbooks.

6

Registration procedures for classified information handled within an accredited CIS may be performed by processes within the CIS itself. In that case, the CIS shall include measures to guarantee the integrity of the log records.

7

Classified information received from third countries or international organisations shall be afforded an equivalent level of protection as EUCI bearing the equivalent classification marking as set out in the respective security of information agreement or administrative arrangement.