Originator control
1. The originator shall have ‘originator control’ over RESTREINT UE/EU RESTRICTED information which it has created. The originator's prior written consent shall be sought before the information can be:
(a)
declassified;
(b)
used for purposes other than those established by the originator;
(c)
released to a third country or international organisation;
(d)
disclosed to a party outside the Commission but within the EU; or
(e)
disclosed to a contractor or prospective contractor located in a third country.
2. Holders of RESTREINT UE/EU RESTRICTED information have been given access to the classified information in order to be able to perform their duties. They are responsible for the correct handling, storage and protection of it in accordance with Decision (EU, Euratom) 2015/444. Unlike originators of classified information, holders shall not be authorised to decide on the declassification or onward release of RESTREINT UE/EU RESTRICTED information to third countries or international organisations.
3. If the originator of a piece of RESTREINT UE/EU RESTRICTED information cannot be identified, the Commission department holding that classified information shall exercise originator control. The Commission Security Expert Group shall be consulted before RESTREINT UE/EU RESTRICTED information is released to a third country or international organisation.
CIS suitable for handling RESTREINT UE/EU RESTRICTED information
RESTREINT UE/EU RESTRICTED information shall be handled and transmitted by electronic means, where these are available. Only CIS and equipment that has been accredited by the Commission security accreditation authority shall be used.
Specific measures for RESTREINT UE/EU RESTRICTED information on removable storage media
1. The use of removable storage media shall be controlled and accounted for. Only removable storage media provided by the Commission and encrypted by a product approved by the Commission security authority shall be used. Personal removable storage media and those given freely at conferences, seminars, etc. shall not be used for transferring classified information. Where possible, Tempest-proof removable storage media should be used, in accordance with the guidance from the Commission security authority.
2. Where a classified document is handled or stored electronically on removable storage media, such as USB sticks, CDs or memory cards, the classification marking shall be clearly visible on the displayed information itself, as well as in the filename and on the removable storage medium.
3. Staff shall bear in mind that when large amounts of classified information are stored on removable storage media the device may warrant a higher classification level.
4. Only CIS that have been appropriately accredited shall be used to transfer RESTREINT UE/EU RESTRICTED information onto or from removable storage media.
5. When downloading RESTREINT UE/EU RESTRICTED information on removable storage media, particular care shall be taken to ensure that the media does not contain viruses or malware prior to the transfer of the data.
6. Where applicable, removable storage media shall be handled in accordance with any security operating procedures relating to the encryption system used.
7. Documents on removable storage media that are either no longer required, or have been transferred onto an appropriate CIS, shall be securely removed or deleted using approved products or methods. Unless stored in appropriate locked office furniture, removable storage media shall be destroyed when no longer needed. Any destruction or deletion shall use a method that is in accordance with the Commission security rules. An inventory shall be kept of the removable media, and their destruction shall be recorded.
Handling and storage of RESTREINT UE/EU RESTRICTED information
1. In accordance with Article 19(1)(a) and (b) of Decision (EU, Euratom) 2015/444, RESTREINT UE/EU RESTRICTED information may be handled in an Administrative Area or in a Secured Area ( 7 ) as follows:
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staff shall close the office door when handling RESTREINT UE/EU RESTRICTED information,
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staff shall stow any RESTREINT UE/EU RESTRICTED information away or cover it should they receive a visitor,
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staff shall not leave RESTREINT UE/EU RESTRICTED information visible when the office is unoccupied,
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screens displaying RESTREINT UE/EU RESTRICTED information shall be permanently turned away from windows and doors to prevent potential overlooking.
2. In accordance with Article 19(1)(c) of Decision (EU, Euratom) 2015/444, RESTREINT UE/EU RESTRICTED information may be handled outside a Secured Area or an Administrative Area, provided the holder has undertaken to comply with compensatory measures to protect it from access by unauthorised persons. The compensatory measures shall include at least the following:
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RESTREINT UE/EU RESTRICTED information shall not be read in public places,
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the EUCI shall be kept at all times under the personal control of the holder,
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the documents shall be stowed in appropriate locked furniture when they are not being read or discussed,
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the doors to the room shall be closed while the document is being read or discussed,
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the details of the document shall not be discussed over the phone on a non-secured line or in an unencrypted email,
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the document may only be photocopied or scanned on stand-alone or accredited equipment,
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the document shall only be handled and temporarily held outside an Administrative or Secured Area for the minimum time necessary,
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the holder shall not throw the classified document away but shall return it for storage in an Administrative or Secured Area, or ensure it is destroyed in an approved shredder.
3. Hard copy RESTREINT UE/EU RESTRICTED information shall be stored in locked office furniture in an Administrative Area or in a Secured Area. It may be stored temporarily outside a Secured Area or an Administrative Area provided the holder has undertaken to comply with compensatory measures.
4. Further advice can be sought from the Local Security Officer (LSO) of the relevant Commission department.
5. Any suspected or actual security incidents involving the document shall be reported to the LSO as soon as possible.
Copying and translating RESTREINT UE/EU RESTRICTED information
1. RESTREINT UE/EU RESTRICTED information may be copied or translated on instruction from the holder, provided the originator has not imposed any caveats. However, no more copies shall be made than are strictly necessary.
2. Where only part of a classified document is reproduced, the same conditions shall apply as for copying the full document. Extracts shall also be classified as RESTREINT UE/EU RESTRICTED, unless the originator has specifically marked them as unclassified.
3. The security measures applicable to the original information shall also be applied to copies and translations thereof.
General principles for carrying RESTREINT UE/EU RESTRICTED information
1. Whenever possible, RESTREINT UE/EU RESTRICTED information that needs to be taken outside Secured Areas or Administrative Areas shall be sent electronically by appropriately accredited means and/or protected by approved cryptographic products.
2. Depending on the means available or the particular circumstances, RESTREINT UE/EU RESTRICTED information may be physically carried by hand in the form of paper documents or on removable storage media. The use of removable storage media to transfer RESTREINT UE/EU RESTRICTED information shall be given preference to sending paper documents.
3. Only removable storage media encrypted by a product approved by the Commission security authority may be used. RESTREINT UE/EU RESTRICTED information on removable storage media that is not protected by an encryption product that has been approved by the Commission security authority shall be handled in the same manner as paper copy.
4. A consignment may contain more than one piece of RESTREINT UE/EU RESTRICTED information, provided the need-to-know principle is respected.
5. The packaging used shall ensure that the contents are covered from view. RESTREINT UE/EU RESTRICTED information shall be carried in opaque packaging, such as an envelope, an opaque folder or a briefcase. The outside of the packaging shall not bear any indication of the nature or classification level of its contents. If used, the inner layer of packaging shall be marked as RESTREINT UE/EU RESTRICTED. Both layers shall state the intended recipient's name, job title and address, as well as a return address in case delivery cannot be made.
6. Any security incidents involving RESTREINT UE/EU RESTRICTED information that is carried by staff or couriers shall be reported for subsequent investigation to the Security Directorate of the Directorate-General for Human Resources, via the LSO of the relevant Commission department.
Hand carriage of removable storage media
1. Removable storage media that are used to transport RESTREINT UE/EU RESTRICTED information shall be accompanied by a dispatch note, detailing the removable storage media containing the classified information, as well as all files contained on them, to allow the recipient to make the necessary verifications.
2. Only the documents to be provided shall be stored on the media. All the classified information on a single USB stick, for instance, would have to be intended for the same recipient. The sender shall bear in mind that large amounts of classified information stored on such devices may warrant a higher classification level for the device as a whole.
3. Only removable storage media bearing the appropriate classification marking shall be used to carry RESTREINT UE/EU RESTRICTED information.
Carriage of RESTREINT UE/EU RESTRICTED documents within Commission buildings
1. Staff may carry RESTREINT UE/EU RESTRICTED documents within a Commission building, but the documents shall not leave the possession of the bearer or be read in public.
2. RESTREINT UE/EU RESTRICTED documents may be sent through internal mail to other European Commission offices in a single ordinary opaque envelope, but with no indication on the outside that the contents are classified. Other EU institutions or bodies served directly by the Commission's internal mail system may also be sent RESTREINT UE/EU RESTRICTED documents in the same way.
Carriage of RESTREINT UE/EU RESTRICTED documents within the Union
1. RESTREINT UE/EU RESTRICTED information may be carried by staff or Commission couriers anywhere within the Union provided they comply with the following instructions:
(a)
an opaque envelope or packaging shall be used to convey RESTREINT UE/EU RESTRICTED information. The outside shall not bear any indication of the nature or classification level of its contents;
(b)
the RESTREINT UE/EU RESTRICTED information shall not leave the possession of the bearer; and
(c)
the envelope or package shall not be opened en route and the information shall not be read in public places.
2. Staff wishing to send RESTREINT UE/EU RESTRICTED information to other locations in the Union may arrange for it to be conveyed by one of the following means:
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by national postal services that track the consignment or certain commercial courier services that guarantee personal hand carriage, provided that they meet the requirements set out in Article 23 of this Decision,
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by military, government or diplomatic courier, in coordination with Registry staff.
Carriage of RESTREINT UE/EU RESTRICTED information from or to the territory of a third country
1. Information classified as RESTREINT UE/EU RESTRICTED may be hand-carried by staff between the territory of the Union and the territory of a third country.
2. Registry staff may arrange for one of the following:
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carriage by postal services that track the consignment or commercial courier services that guarantee personal hand carriage,
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carriage by military or diplomatic courier.
3. When hand-carrying either paper documents or removable storage media classified as RESTREINT UE/EU RESTRICTED, staff shall comply with all of the following additional measures:
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when travelling by public transport the classified information shall be placed in a briefcase or bag that is kept in the bearer's personal custody. It shall not be consigned to a baggage hold,
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the RESTREINT UE/EU RESTRICTED information shall be conveyed inside two layers of packaging. The inner layer of packaging shall bear an official seal to indicate that it is an official consignment and is not to undergo security scrutiny,
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the bearer shall carry a courier certificate, which certifies that the bearer is authorised to carry the RESTREINT UE/EU RESTRICTED consignment, issued by the relevant department's registry.
Transport by commercial couriers
1. For the purposes of this Decision, ‘commercial couriers’ include national postal services and commercial courier companies that offer a service where information is delivered for a fee and is either personally hand carried or tracked.
2. Commercial couriers may use the services of a sub-contractor. However, responsibility for complying with this Decision shall remain with the courier company.
3. If the intended recipient is outside the EU, two layer of packaging shall be used. When classified consignments are being prepared the sender shall bear in mind that commercial courier services shall only deliver RESTREINT UE/EU RESTRICTED consignments to the intended recipient, a duly authorised substitute, the registry control officer or his/her duly authorised substitute or a receptionist. To mitigate the risk that the consignment may not reach the intended recipient, the outer and, where applicable the inner, layer of packaging of the consignment shall bear a return address.
4. Services offered by commercial couriers providing electronic transmission of registered delivery documents shall not be used for RESTREINT UE/EU RESTRICTED information.
Other specific handling conditions
1. Any carriage conditions set out in a security of information agreement or in administrative arrangements shall be complied with. If in doubt, staff shall consult their respective registry or the Security Directorate in the Directorate-General for Human Resources and Security.
2. The double packaging requirement can be waived for classified information that is protected by approved cryptographic products. However, for addressing purposes, and also as the removable storage medium bears an explicit security classification marking, the medium shall be carried in at least an ordinary envelope but may require additional physical protection measures, such as bubble wrap envelopes.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
