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Posted the: 2015-11-30 Numac: 2015015169 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE 3 September 2015. -Law on consent to the agreement between the Member States of the European Union, meeting within the Council, on the protection of the classified information exchanged in the interest of the European Union, done at Brussels on 25 May 2011 (1) (2) PHILIPPE, King of the Belgians, to all, present and future, hi.
The House of representatives has adopted and we sanction the following: Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
S. 2. the agreement between the Member States of the European Union, meeting within the Council, on the protection of the classified information exchanged in the interest of the European Union, done at Brussels on 25 May 2011, will release its full and complete effect.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, September 3, 2015.
PHILIPPE by the King: the Minister of foreign and European Affairs D. REYNDERS. the Minister of Justice, K. GARG. the Minister of defence, S. van WYK sealed with the seal of the State: the Minister of Justice, K. GARG _ Notes (1) House of representatives (www.lachambre.be): Documents: complete record 54-1148: 02/07/2015 (2) list of bound States.
List of bound States States Date Authentication Type of consent Date consent entry force Germany 25/05/2011 Notification 27/09/2012 01/12/2015 Austria 25/05/2011 Notification 08/07/2011-01/12/2015 Belgium 25/05/2011 Notification 2015-09-23 01/12/2015 Bulgaria 25 / 05 / 2011 Notification 21 / 11 / 2011-01 / 12 / 2015 Cyprus 25 / 05 / 2011 Notification 13 / 05 / 2013 01 / 12 / 2015 Croatia / / / membership 01 / 07 / 2013 01 / 12 / 2015 Denmark 25/05 / Notification 2011 2015-02-16 01/12/2015 Spain 25/05/2011 Notification 04/18/2013 01/12/2015 Estonia 25/05/2011 Notification 2011-07-14 01/12/2015 Finland 25/05/2011 Notification, 05-29-2012 01/12/2015 FRANCE 25/05/2011 Notification 2011-08-12 01/12/2015 Greece 05/25/2011 Notification 30/10/2013 01/12/2015 Hungary 25/05/2011 Notification 08/01/2013 01/12/2015 Ireland 25/05/2011 Notification 06. 10/2015 2015-12-01 Italy 25/05/2011 Notification 12-17-2012 01/12/2015 Latvia 25/05/2011 Notification 31/10/2011-01/12/2015 Lithuania 25/05/2011 Notification 07/12/2012 01/12/2015 LUXEMBOURG 25/05/2011 Notification 28/08/2014 01/12/2015 Malta 25/05/2011 Notification 05/03/2015 01/12/2015 Netherlands 05/25/2011 Notification 12/06/2013 01/12/2015 Poland 25/05/2011 Notification 01 26/07/2013. 12/2015 PORTUGAL 25/05/2011 Notification 10/15/2012 01/12/2015 Romania 25/05/2011 Notification 2013-05-17 01/12/2015 UK 25/05/2011 Notification 26/04/2013 01/12/2015 Slovakia 25/05/2011 Notification 06-29-2011 01/12/2015 Slovenia 25/05/2011 Notification 01/04/2012 01/12/2015 Sweden 25/05/2011 Notification 0014-04-25 01/12/2015 Czech REP. 25/05/2011 notification 02/07/2012 01/12/2015 agreement between the Member States of the European UNION, meeting within the Council, on A the PROTECTION of information classified EXCHANGED in the interest of the UNION European the representatives of Governments of States members of EU, meeting within the Council, whereas: (1) the Member States of the European Union (hereinafter referred to as "the parties") find that a consultation and a comprehensive and effective cooperation may require the exchange of classified information between them in the interest of the European Union and between them and the institutions of the European Union or the agencies, bodies or agencies set up by such institutions.
(2) the parties share the desire to contribute to developing 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 of the agencies, bodies or bodies set up by the said institutions or received from third States or international organisations 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, have agreed upon the following provisions: ARTICLE 1 this agreement aims to ensure the protection by the parties of classified information: has) from the institutions of the European Union or the agencies, bodies or agencies established by it and communicated to the parties or exchanged with them;
b) emanating from the parties and communicated to the institutions of the European Union or to the agencies and bodies set up by or exchanged with them;
c) from parties to be provided or exchanged between them in the interest of the European Union and marked to indicate that they are subject to this agreement;
d) received to third States or international organisations by institutions of the European Union or by agencies, bodies or bodies set up by it and provided to the parties or exchanged with them.
ARTICLE 2 for the purposes of this agreement, "classified information" means any information or any material of any type whose unauthorized disclosure could cause, to varying degrees, prejudice to the interests of the European Union or of one or more of the Member States, and which carries one of the following classification markings of the EU or a classification marking corresponding contained in annex : - "TRES SECRET UE/EU TOP SECRET': this marking applies to information and material the unauthorised disclosure could cause exceptionally grave prejudice to the essential interests of the European Union or of one or more of the Member States,-'SECRET EU / EU SECRET': this marking applies to information and material whose unauthorized disclosure could seriously harm the essential interests of the European Union or of one or more Member States , - "CONFIDENTIEL UE/EU CONFIDENTIAL": this marking applies to information and material whose unauthorized disclosure could harm the essential interests of the European Union or of one or more of the Member States,-"RESTREINT EU / EU RESTRICTED": this marking applies to information and material whose unauthorized disclosure could be disadvantageous to the interests of the European Union or of one or more of the Member States.
SECTION 3(1). The parties shall take all appropriate measures in accordance with their legislative provisions or national regulatory so the level of protection for classified information subject to this agreement is equivalent to that provided by the rules of the Council of the Union's security European for the purposes of the protection of classified information the EU bearing a marking of corresponding classification contained in the annex.
2. nothing in this Agreement shall affect the legislative provisions or national regulatory of the parties concerning the public access to documents, the protection of personal data and the protection of classified information.
3. the parties shall notify the depositary of this agreement any modification of security classifications specified in the annex. Article 11 does not apply to these notifications.
ARTICLE 4 1.
Each Party shall ensure that classified information provided or exchanged under this agreement are not: a) downgraded or declassified without the prior written consent of the originator;
b) used for purposes other than those that are set by the authority of origin;
(c) disclosed to a third country or an international organization without the prior written consent of the authority of origin and in the absence of an agreement or an appropriate arrangement for the protection of classified information with the third country or international subject organization.
2. each party complies with the principle of the consent of the originator in accordance with its constitutional requirements and its national regulatory or legislative provisions.
ARTICLE 5(1). Each Party shall ensure that access to classified information is granted on the basis of the principle of the need to know.
2. the parties shall ensure that access to classified information concerning the marking of CONFIDENTIEL UE/EU CONFIDENTIAL classification or a higher level or a classification marking corresponding annexed is granted only to persons holding an appropriate security clearance or that are duly authorized under their functions, in accordance with national regulatory or legislative provisions.
3. each Party shall ensure that all persons granted access to classified information are informed of the responsibility that their obligation to protect such information in accordance with the relevant safety regulations.
4. upon request, the parties provide mutual assistance, in accordance with their national law or regulations, when carrying out investigations of security regarding security clearances.
5. consistent with its national law or regulations, each Party shall ensure that any entity subject to its jurisdiction who may receive or produce classified information has appropriate security clearance and be able to provide adequate protection to the adequate security, in accordance with article 3, paragraph 1.
6. in the framework of this agreement, each party may recognize
security clearances for persons and facilities issued by another party.
ARTICLE 6 the parties shall ensure that all information classified under this agreement that are transmitted, exchanged, or transferred internally or between them are 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, 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 information classified as well as a level appropriate accountability and traceability of actions with respect to this information.
ARTICLE 8 on request, the parties provide relevant information to their respective security rules.
ARTICLE 9 1. The parties shall take all appropriate measures, in accordance with their national law or regulation, to investigate cases where it proved that information classified under this agreement have been compromised or lost, or where there are reasonable grounds to suspect that such has been the case.
2. a party who view a compromise or loss shall inform immediately, through the appropriate channels, the originating authority and, subsequently, also the final results of the investigation and corrective actions taken informs him to prevent that this does not happen. On request, any interested party can provide assistance in investigations.
ARTICLE 10 1. This agreement is without prejudice to the agreements or conventions concluded by some protection and exchange of classified information.
2. this agreement does not prevent the parties to conclude other agreements or conventions relating to the protection and exchange of classified information from them, provided that such agreements or conventions are not inconsistent with this agreement.
ARTICLE 11 the present agreement may be amended on the basis of a written agreement between the parties.
Any amendment shall enter into force after having been notified in accordance with article 13, paragraph 2.
ARTICLE 12 any dispute between two or more parties concerning the interpretation or application of this agreement is settled by consultation between the parties concerned.
ARTICLE 13 1. The parties shall notify the Secretary general of the Council of the European Union the completion of the internal procedures necessary for the entry into force of this agreement.
2. this Agreement shall enter into force the first day of the second month following the notification to the Secretary-General of the Council of the European Union of the completion of the internal procedures necessary for its entry into force by the last part to this approach.
3. the Secretary-General of the Council of the European Union is the depositary of the present agreement, which is published in the Official Journal of the European Union.
ARTICLE 14 this agreement is drawn up in a copy unique languages 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, meeting within the Council, have signed the present agreement.
Done at Brussels, 25 May 2011.
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