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3 SEPTEMBER 2015. - An Act to approve the Agreement between the Member States of the European Union, gathered within the Council, concerning the protection of classified information exchanged in the interest of the European Union, done in Brussels on 25 May 2011 (1)(2)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. The Agreement between the Member States of the European Union, gathered within the Council, concerning the protection of classified information exchanged in the interest of the European Union, made in Brussels on 25 May 2011, will emerge its full and complete effect.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels, September 3, 2015.
PHILIPPE
By the King:
Minister of Foreign and European Affairs,
D. REYNDERS
Minister of Justice,
K. GEENS
Minister of Defence,
S. VANDEPUT
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Notes
(1) House of Representatives (www.lachambre.be):
Documents: 54-1148
Full report: 02/07/2015
(2) List of related States.

List of related States


AGREEMENT TO THE MEMBERS OF THE EUROPEAN UNION, RELATING TO THE UNITED NATIONS ADDRESSED TO THE PROTECTION OF CLASSIFIA INFORMATION THE INTERET OF THE EUROPEAN UNION
THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBERS OF THE EUROPEAN UNION, IN THE BOARD,
Considering the following:
(1) The Member States of the European Union (hereinafter referred to as "the parties") note that full and effective consultation and cooperation may require the exchange of information classified between them in the interest of the European Union and between them and the institutions of the European Union or the agencies, bodies or bodies established by the said institutions.
(2) The parties share the desire to contribute to the establishment of a coherent and comprehensive framework for the protection of classified information from the parties in the interest of the European Union, the institutions of the European Union or the agencies, bodies or bodies established by the said institutions or received from third States or international organizations in this context.
(3) The parties are aware that access to classified information and their exchange require appropriate security measures to ensure the protection of such information,
CONVENTS OF SUVISIONS:
ARTICLE 1
This Agreement aims to ensure the protection by the parties of classified information:
(a) from the institutions of the European Union or the agencies, bodies or bodies established by it and communicated to or exchanged with the parties;
(b) from the parties and communicated to the institutions of the European Union or to the agencies, bodies or bodies established by it or exchanged with them;
(c) from the parties to be communicated or exchanged between them in the interest of the European Union and marked to indicate that they are subject to this Agreement;
(d) received from third States or international organizations by institutions of the European Union or by agencies, bodies or bodies established by it and communicated to the parties or exchanged with them.
ARTICLE 2
For the purposes of this Agreement, "classified information" means any information or material of any type whose unauthorized disclosure may cause, to varying degrees, damage to the interests of the European Union or of one or more of the Member States, and which bears one of the following classification markings of the EU or a corresponding classification marking as annexed:
- "TRES SECRET UE/EU TOP SECRET": This marking applies to information and materials whose unauthorized disclosure could cause exceptionally serious damage to the essential interests of the European Union or one or more of the Member States,
- "EU SECRET EU/EU SECRET": This marking applies to information and material that may be severely impaired by unauthorized disclosure to the essential interests of the European Union or one or more of the Member States,
- "EU/EU CONFIDENTIAL CONFERENCE": this marking applies to information and materials whose unauthorized disclosure may affect the essential interests of the European Union or one or more of the Member States,
- "RESTREINT EU/EU RESTRICTED": this marking applies to information and materials whose unauthorized disclosure may be unfavourable to the interests of the European Union or one or more of the Member States.
ARTICLE 3
1. The parties shall take all appropriate measures in accordance with their national legislative or regulatory provisions to ensure that the level of protection granted to classified information submitted to this Agreement is equivalent to that granted by the Security Rules of the Council of the European Union for the protection of classified information of the EU bearing a corresponding classification marking set out in the annex.
2. Nothing in this Agreement shall affect the national legislative or regulatory provisions of the parties regarding public access to documents, the protection of personal data or the protection of classified information.
3. The parties shall notify the depositary of this Agreement of any modification of the security classifications listed in the annex. Section 11 does not apply to such notifications.
ARTICLE 4
1. Each party shall ensure that classified information provided or exchanged under this Agreement is not:
(a) declassified or declassified without the prior written consent of the original authority;
(b) used for purposes other than those established by the original authority;
(c) disclosed to a third country or to an international organization without the prior written consent of the original authority and in the absence of an appropriate agreement or arrangement for the protection of classified information with the third country or the international organization in question.
2. Each party complies with the principle of consent of the original authority in accordance with its constitutional requirements and its national legislative or regulatory provisions.
ARTICLE 5
1. Each party ensures that access to classified information is granted on the basis of the need to know.
2. The parties shall ensure that access to classified information bearing the CONFIDENTIAL EU/EU CONFIDENTIAL classification mark or a corresponding classification mark as set out in the annex is granted only to persons who possess an appropriate security clearance or who are duly authorized under their functions, in accordance with national legislative or regulatory provisions.
3. Each party shall ensure that all persons granted access to classified information are informed of their responsibility to protect such information in accordance with the appropriate security rules.
4. Upon request, the parties provide mutual assistance, in accordance with their national legislation or regulations, when conducting security investigations into security clearances.
5. In accordance with its national legislative or regulatory provisions, each party shall ensure that any entity within its jurisdiction that may receive or produce classified information has an appropriate security clearance and is in a position to ensure adequate security protection, in accordance with Article 3, paragraph 1.
6. Under this Agreement, each party may recognize security clearances for persons and facilities issued by another party.
ARTICLE 6
The parties shall ensure that all classified information under this Agreement that is transmitted, exchanged or transferred within or between them is duly protected in accordance with Article 3, paragraph 1.
ARTICLE 7
Each party shall ensure that appropriate measures are implemented to ensure the protection, in accordance with Article 3, paragraph 1, of classified information processed, stored or transmitted in communication and information systems. Such measures ensure the confidentiality, integrity, availability and, where appropriate, non-repudiation and authenticity of classified information as well as an appropriate level of responsibility and traceability of actions with respect to such information.
ARTICLE 8
Upon request, the parties shall provide relevant information regarding their respective security rules.
ARTICLE 9
1. The parties shall take all appropriate measures, in accordance with their national legislative or regulatory provisions, to investigate cases where it is proven that classified information under this Agreement has been compromised or lost, or in which there are reasonable grounds to suspect that such information has been the case.
2. A party that discovers a compromise or loss immediately informs, through appropriate channels, the original authority and, thereafter, also informs the final results of the investigation and the corrective actions taken to prevent it from happening again. Upon request, any other interested party may provide investigative assistance.
ARTICLE 10
1. This Agreement shall not affect agreements or conventions entered into by a party with respect to the protection or exchange of classified information.
2. This Agreement does not prevent parties from entering into other agreements or conventions relating to the protection and exchange of classified information from them, provided that such agreements or conventions are not in contradiction with this Agreement.
ARTICLE 11
This Agreement may be amended on the basis of a written agreement between the parties. Any amendment comes into force after being notified under section 13, paragraph 2.
ARTICLE 12
Any dispute between two or more parties with respect to the interpretation or application of this Agreement shall be resolved through consultation between the parties concerned.
ARTICLE 13
1. The parties shall notify the Secretary General of the Council of the European Union of the fulfilment of the internal procedures necessary for the entry into force of this Agreement.
2. This Agreement comes into force on the first day of the second month following the notification to the Secretary General of the Council of the European Union of the fulfilment of the internal procedures necessary for its entry into force by the last party to make this approach.
3. The Secretary General of the Council of the European Union is the depositary of this Agreement, which is published in the Official Journal of the European Union.
ARTICLE 14
This Agreement is written in a single copy in German, English, Bulgarian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech, each of these twenty-three texts being equally authentic.
IN WITNESS WHEREOF, the undersigned representatives of the Governments of the Member States, gathered within the Council, have signed this Agreement.
Done in Brussels on 25 May 2011.

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