1999/218/EC: Commission Decision of 25 February 1999 relating to the procedures whereby officials and employees of the European Commission may be allowed access to classified information held by the Commission (notified under document number C(1999) 423)

• Articles: 7

Article 1

1. In accordance with the Commission Decision C(94)3282 of 30 November 1994 and by reason of the Commission's full association with the work of devising and implementing the common security policy of the Union, the only persons authorised to have access to classified information held by the Commission shall be officials and other servants of the Commission or any person working within the Commission who, by reason of their duties and for the requirements of the service, need to have knowledge of, or to use, such information.

2. In order to have access to information classified as 'top secret`, 'secret` and 'confidential`, the persons referred to in paragraph 1 must have been authorised in accordance with Article 2.

3. Authorisation shall be granted only to persons who have undergone security screening by the competent national authorities of the Member States, in accordance with the procedure laid down in Article 3.

Article 2

1. The Commission shall grant the authorisations referred to in Article 1 after obtaining the opinion of the competent national authorities of the Member States on the basis of security clearance carried out in accordance with Articles 3 and 4.

2. Authorisation, which shall be valid for a period of five years, may not exceed the duration of the tasks on the basis of which it was granted. It may be renewed by the Commission in accordance with the procedure referred to in paragraph 1.

Authorisation may be withdrawn by the Commission at any time. Any decision to withdraw authorisation shall be made known to the person concerned, who may ask to be heard by head of the Commission's Security Office, and to the competent national authority.

3. Exceptionally, if required by the service, the Commission may, after giving the national competent authorities notification and provided there is no reaction from them within a month, grant temporary authorisation for a period not exceeding three months, pending the outcome of the screening referred to in Article 3.

Article 3

1. The aim of security screening shall be to establish that there are no objections to allowing the person to have access to classified information held by the Commission.

2. Security screening shall be carried out with the assistance of the person concerned and at the request of the Commission by the competent national authorities of the Member State of which the person subject to authorisation is a national. Should the person concerned reside in the territory of another Member State, the national authorities concerned may secure the cooperation of the authorities of the State of residence.

3. As part of the screening procedure, the person concerned shall be required to complete a personal information form.

4. The Commission shall specify in its request the type and level of classified information to be made available to the person concerned, so that the competent national authorities can carry out the screening process and give their opinion as to the appropriate level of authorisation to be granted.

5. The whole security-screening process together with the results obtained shall be subject to the relevant rules and regulations in force in the Member State concerned, including those concerning appeals.

Article 4

1. Where the competent national authorities of the Member States give a positive opinion, the Commission may grant the person concerned authorisation in accordance with Article 2.

2. A negative opinion by the competent national authorities shall be brought to the knowledge of the person concerned, who may ask to be heard by the Commission. Should the Commission consider it necessary, it may ask the competent national authorities for any further clarification they can provide. If the negative opinion is confirmed, authorisation shall not be granted.

Article 5

All persons granted authorisation within the meaning of Article 2 shall, at the time the authorisation is granted and at regular intervals thereafter, receive any necessary instructions concerning the protection of classified information and the means of ensuring such protection. Such persons shall sign a declaration acknowledging receipt of the instructions and give an undertaking to obey them.

Article 6

Article 1(2) and Articles 10 to 13 of Decision C(94)3282 of 30 November 1994 on the security measures applicable to classified information produced or transmitted in connection with the activities of the European Union are hereby repealed. Authorisations granted by virtue of that Decision shall remain valid for the period for which they were granted and for a period of not more than five years from the time when they were granted save where they have been previously withdrawn in accordance with Article 2(2).

Article 7

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 25 February 1999.

For the Commission

The President

Jacques SANTER

(1) OJ L 46, 18. 2. 1994, p. 58.

(2) OJ 17, 6. 10. 1958, p. 406/58.