Release of Information
Article 14
1. The HR shall be authorised to release to designated third States and the International Criminal Court, as appropriate and in accordance with the operational needs of EUNAVFOR MED IRINI and in full respect of the principles of reciprocity and inclusiveness, any EU non-classified documents connected with the deliberations of the Council relating to the operation and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council’s Rules of Procedure ( 5 ) . The PSC, provided that these conditions are met, shall designate on a case-by-case basis the third States concerned. 2. The HR shall be authorised to release to designated third States and the International Criminal Court, as appropriate and in accordance with the operational needs of EUNAVFOR MED IRINI, and in full respect of the principles of reciprocity and inclusiveness, EU classified information generated for the purposes of the operation, in accordance with Decision 2013/488/EU, as follows: (a) up to the level provided in the applicable Security of Information Agreements concluded between the Union and the third State concerned; or (b) up to the ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ level in other cases. The PSC, provided that these conditions are met, shall designate on a case-by-case basis the third States concerned. 3. Classified information received shall be handled by EUNAVFOR MED IRINI without any distinction between its staff and solely on the basis of operational requirements. 4. The HR shall also be authorised to release to the UN, in accordance with the operational needs of EUNAVFOR MED IRINI, EU classified information up to ‘RESTREINT UE/EU RESTRICTED’ level which are generated for the purposes of EUNAVFOR MED IRINI, in accordance with Decision 2013/488/EU. 5. The HR shall be authorised to release to INTERPOL relevant information, including personal data, in accordance with the operational needs of EUNAVFOR MED IRINI. 6. Pending the conclusion of an agreement between the Union and INTERPOL, EUNAVFOR MED IRINI may exchange such information with the National Central Bureaux of INTERPOL of the Member States, in accordance with arrangements to be concluded between the EU Operation Commander and the Head of the relevant National Central Bureau. 7. In the event of specific operational need, the HR shall be authorised, following approval by the PSC, to release to legitimate Libyan authorities any EU classified information up to ‘RESTREINT UE/EU RESTRICTED’ level generated for the purposes of EUNAVFOR MED IRINI, in accordance with Decision 2013/488/EU. 8. The HR shall be authorised to conclude the arrangements necessary to implement the provisions on information exchange in this Decision. 9. The HR may delegate the authorisations to release information as well as the ability to conclude the arrangements referred to in this Decision to EEAS officials, to the EU Operation Commander or to the EU Force Commander in accordance with section VII of Annex VI to Decision 2013/488/EU. 10. EUNAVFOR MED IRINI shall transmit without delay to the UN, in accordance with UNSCR 2509 (2020), the information gathered on suspected incidents of non-compliance with the UN arms embargo on Libya as provided in UNSCR 1970 (2011) and subsequent Resolutions, in particular UNSCRs 2292 (2016) and 2473 (2019), as well as the information gathered on suspected incidents of non-compliance with the UN measures to prevent illicit exports of petroleum from Libya as provided in UNSCR 2146 (2014) and subsequent Resolutions.