Date: 2019-02-20Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2019/292 of 12 February 2019 on the authorisation to release EU classified information to third States and international organisations
**Executive Summary:**
Council Decision (EU) 2019/292, adopted on 12 February 2019, authorises the Secretary-General of the Council to release EU classified information to third states and international organisations under security agreements or administrative arrangements, in accordance with Decision 2013/488/EU. The decision is made on a case-by-case basis, respecting the originator's consent. This decision repeals and replaces previous Council Decisions from 20 June 2011.
**Key Points / Main Content:**
* **Authorization for Information Release:**
* The Secretary-General is authorised to release EU classified information to third states or international organisations with existing security agreements.
* Release is subject to the principle of originator's consent.
* The level of information released must align with the limits set by the Council Security Committee.
* Each release decision is to be made individually, considering specific circumstances.
* **Administrative Arrangements:**
* The Secretary-General can release EU classified information to third states or international organisations with existing administrative arrangements.
* Release is subject to the principle of originator's consent.
* Information release must fall within the scope and level specified in the administrative arrangement.
* Each release decision is to be made individually, considering specific circumstances.
* **Delegation of Authority:**
* The Secretary-General can delegate release authority to senior officials within the General Secretariat of the Council.
* **Repeal of Previous Decisions:**
* This decision repeals and replaces Council Decisions of 20 June 2011 regarding information release under permanent agreements and administrative arrangements.
* **Entry into Force:**
* The decision came into force on 12 February 2019.
**Impact Analysis**
* **Secretary-General of the Council:**
* *Impact:* Granted the authority to release EU classified information to third states and international organizations under specific conditions. Authority can be delegated.
* *Action Required:* Implement the decision, ensuring compliance with Decision 2013/488/EU, originator's consent, and any limitations on the level of information. Determine whether to delegate authority.
* **General Secretariat of the Council:**
* *Impact:* Senior officials may be delegated the authority to release EU classified information.
* *Action Required:* Ensure delegated officials are aware of the conditions and limitations of the release authority.
* **Third States and International Organisations:**
* *Impact:* May receive EU classified information under existing security agreements or administrative arrangements, subject to the terms of those agreements and the originator's consent.
* *Action Required:* Ensure compliance with the security procedures outlined in the relevant agreements or arrangements.
* **Council Security Committee:**
* *Impact:* Responsible for determining the level of EU classified information that can be released under security agreements.
* *Action Required:* Continue to determine the appropriate levels of EU classified information that can be released under security agreements.
Key Entities Referenced
European Union: A political and economic alliance of European countries.
Council Decision (EU) 2019/292: Council Decision on the authorisation to release EU classified information to third States and international organisations.
Council Decision 2013/488/EU: Council Decision on the security rules for protecting EU classified information.
General Secretariat of the Council: An administrative body that supports the work of the European Council and the Council of the European Union.
Secretary-General of the Council: The individual holding the position of Secretary-General within the General Secretariat of the Council.
Council Security Committee: A committee within the Council of the European Union responsible for security matters.
Brussels: The city where the decision was made, located in Belgium.
Council Decision of 20 June 2011 on the release of information under permanent agreements with third States or international organisations on security procedures for exchanging classified information: A previous council decision being repealed and replaced by the current decision.
L 48/20 EN Official Journal of the European Union 20.2.2019
DECISIONS
COUNCIL DECISION (EU) 2019/292
of 12 February 2019
on the authorisation to release EU classified information to third States and international
organisations
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU
classified information (1), and in particular Article 13 thereof and Annex VI thereto,
Whereas:
(1) The European Union concludes agreements on security procedures for exchanging and protecting classified
information with third States and international organisations.
(2) The Secretary-General, on behalf of the General Secretariat of the Council, may enter into administrative
arrangements with third States and international organisations on security procedures for the exchange of
classified information.
(3) Pursuant to paragraph 37 of Annex VI to Decision 2013/488/EU, the Council is to take a decision to authorise
the Secretary-General to release EU classified information to third States or international organisations under
agreements on security procedures for exchanging and protecting classified information or administrative
arrangements on security procedures for the exchange of classified information,
HAS ADOPTED THIS DECISION:
Article 1
1. Where an agreement on security procedures for exchanging and protecting classified information (‘security of
information agreement’) between the Union and a third State or international organisation is in force, and in accordance
with Decision 2013/488/EU, the Secretary-General of the Council shall be authorised to release, in accordance with the
principle of originator's consent, to that third State or international organisation EU classified information falling under
the scope of the security of information agreement, up to the level determined by the Council Security Committee
pursuant to paragraph 11 of Annex VI to Decision 2013/488/EU. The decision to release EU classified information to
a third State or international organisation under a security of information agreement shall be taken by the Secretary-
General on a case-by-case basis.
2. Where the Secretary-General of the Council has, upon approval by the Council and in accordance with Decision
2013/488/EU, entered into an administrative arrangement on security procedures for the exchange of classified
information (‘administrative arrangement’) with a third State or international organisation, the Secretary-General of the
Council shall be authorised to release, in accordance with the principle of originator's consent, to that third State or in
ternational organisation EU classified information falling under the scope of and up to the level specified in the adminis
trative arrangement. The decision to release EU classified information to a third State or international organisation under
an administrative arrangement shall be taken by the Secretary-General on a case-by-case basis.
3. The Secretary-General of the Council may delegate the authority referred to in paragraphs 1 and 2 to senior
officials of the General Secretariat of the Council.
Article 2
This Decision shall repeal and replace the following Decisions:
(1) Council Decision of 20 June 2011 on the release of information under permanent agreements with third States or
international organisations on security procedures for exchanging classified information;
(2) Council Decision of 20 June 2011 on the release of information under administrative arrangements with internat
ional organisations on security procedures for exchanging classified information.
(1) OJ L 274, 15.10.2013, p. 1.20.2.2019 EN Official Journal of the European Union L 48/21
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 12 February 2019.
For the Council
The President
E.O. TEODOROVICI