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Commission Decision (EU, Euratom) 2019/1962 of 17 October… CHAPTER 2 — CREATING RESTREINT UE/EU RESTRICTED INFORMATION

Article 3–Article 12 · 10 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Originator

Article 3

While the originator within the meaning of Article 1 of Decision (EU, Euratom) 2015/444 is the Union institution, agency or body, Member State, third state or international organisation under whose authority classified information has been created and/or introduced into the Union's structures, the drafter of RESTREINT UE/EU RESTRICTED information will not necessarily be the same.

Assigning a classification level

Article 4

1.   Staff drafting a document on the basis of information within the meaning of Article 1 shall always consider whether their document needs to be classified. Classifying a document as EUCI shall involve an assessment and a decision by the originator as to whether the disclosure of the document to unauthorised persons would cause prejudice to the interests of the European Union or of one or more of the Member States. If drafters are in any doubt as to whether the document they are drafting warrants being classified as RESTREINT UE/EU RESTRICTED they should consult the Head of Unit or Director responsible. 2.   A document shall be classified as at least RESTREINT UE/EU RESTRICTED if its unauthorised disclosure could, inter alia: (a) adversely affect diplomatic relations; (b) cause substantial distress to individuals; (c) make it more difficult to maintain the operational effectiveness or security of Member States' or other contributors' deployed personnel; (d) breach undertakings to maintain the confidence of information provided by third parties; (e) prejudice the investigation of or facilitate crime; (f) disadvantage the Union or Member States in commercial or policy negotiations with others; (g) impede the effective development or operation of Union policies; (h) undermine the proper management of the Union and its missions in general; or (i) lead to the discovery of information classified at a higher level. 3.   Originators may decide to attribute a standard classification level to categories of information that they create on a regular basis. However, they shall ensure that individual pieces of information are given the appropriate classification level.

Working with drafts

Article 5

1.   Information shall be classified as soon as it is produced. Personal notes, preliminary drafts or messages containing information that warrants classification at the level of RESTREINT UE/EU RESTRICTED shall be marked as such from the outset and shall be produced and handled in accordance with this Decision. 2.   If the final document no longer warrants the RESTREINT UE/EU RESTRICTED classification level it shall be declassified.

Record of source material

Article 6

In order to enable the exercise of originator control in accordance with Article 13, originators of RESTREINT UE/EU RESTRICTED documents shall, to the extent possible, keep a record of any classified sources used for producing classified documents, including details of sources originally from EU Member States, international organisations or third countries. Where appropriate, aggregated classified information shall be marked in such a way as to preserve the identification of the originators of the classified source materials used.

Classifying parts of a document

Article 7

1.   In accordance with Article 22(6) of Decision (EU, Euratom) 2015/444, the overall classification level of a document shall be at least as high as that of its most highly classified component. When information from various sources is collated, the final aggregated document shall be reviewed to determine its overall security classification level, since it may warrant a higher classification than its component parts. 2.   Documents containing classified and non-classified parts shall be structured and marked so that components with different classification and/or sensitivity levels can be easily identified and detached if necessary. This shall enable each part to be handled appropriately when detached from the other components.

Full classification marking

Article 8

1.   Information that warrants classification shall be marked and handled as such regardless of its physical form. The classification level shall be clearly communicated to recipients, either by a classification marking, if the information is delivered in written form, whether this is on paper, on removable storage media or in a Communication and Information System (CIS), or by an announcement, if the information is delivered in oral form, such as in a conversation or a presentation. Classified material shall be physically marked so as to allow for easy identification of its security classification. 2.   On documents, the full classification marking RESTREINT UE/EU RESTRICTED shall be written in block capitals, in full in French and English (French first), in accordance with paragraph 3. The marking shall not be translated into other languages. 3.   The RESTREINT UE/EU RESTRICTED classification marking shall be affixed as follows: (a) centred at the top and bottom of every page of the document; (b) the complete classification marking on one line, with no spaces either side of the forward slash; (c) in capitals, black, font Times New Roman 16, bold and surrounded by a border on each side. 4.   When creating a RESTREINT UE/EU RESTRICTED document: (a) each page shall be marked clearly with the classification level; (b) each page shall be numbered; (c) the document shall bear a reference number and a subject, which itself shall not be classified information unless it is marked as such; (d) all the annexes and enclosures shall be listed, whenever possible on the first page; and (e) the document shall have the date of its creation on it.

Abbreviated R-UE/EU-R classification marking

Article 9

The abbreviation R-UE/EU-R may be used to indicate the classification level of individual parts of a RESTREINT UE/EU RESTRICTED document or where the full classification marking cannot be inserted, for example on a small removable storage medium. It may be used in the body of text where repeated use of the full classification marking is cumbersome. The abbreviation shall not be used instead of the full classification markings in the header and footer of the document.

Other security designators

Article 10

1.   RESTREINT UE/EU RESTRICTED documents may bear other markings, or ‘security designators’, specifying, for example, the field to which the document relates, or indicating a particular distribution on a need-to-know basis. An example is: RELEASABLE TO LIECHTENSTEIN 2.   RESTREINT UE/EU RESTRICTED documents may bear a security caveat that gives specific instructions on how to handle and manage the documents. 3.   Whenever possible, any indications for declassifying shall be affixed on the first page of the document at the time it is created. For example, the following marking may be used: RESTREINT UE/EU RESTRICTED until [dd.mm.yyyy]

Electronic processing

Article 11

1.   RESTREINT UE/EU RESTRICTED documents shall be created using electronic means, where these are available. 2.   Commission staff shall use accredited CIS for creating RESTREINT UE/EU RESTRICTED level information. Staff shall consult their Local Security Officer (LSO) if there is any doubt as to which CIS may be used. In consultation with the Commission security authority specific procedures may be applied in emergencies or in specific technical configurations. 3.   RESTREINT UE/EU RESTRICTED documents, including drafts, as required by Article 5, shall not be sent by ordinary open email, printed or scanned on standard printers or scanners, or handled on the personal devices of members of staff. Only printers or copiers connected to standalone computers or to an accredited system shall be used to print out RESTREINT UE/EU RESTRICTED documents.

Distribution

Article 12

The sender of RESTREINT UE/EU RESTRICTED documents shall decide who to distribute the information to, based on their need-to-know. If required a distribution list shall be drawn up in order to further enforce the need-to-know principle.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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