Select Committee on European Scrutiny Seventh Report


15. EU-NATO AGREEMENT ON SECURITY OF INFORMATION


(24151)

15764/02


Draft Agreement between the European Union and the North Atlantic Treaty Organisation on the security of information.

Legal base:Article 24 EU; unanimity
Document originated:18 December 2002
Deposited in Parliament:9 January 2003
Department:Foreign and Commonwealth Office
Basis of consideration:EM of 9 January 2003
Previous Committee Report:None
To be discussed in Council:27-28 January 2003 General Affairs and External Relations Council
Committee's assessment:Politically important
Committee's decision:Cleared



  15.1  The proposed Agreement provides for the exchange of documents, classified "Confidential" and above, between the European Union and the North Atlantic Treaty Organisation (NATO). The EU in this context means the Council of the EU, the Secretary General/High representative and the General Secretariat of the Council, and the European Commission.

  15.2  The information covered is defined as "knowledge that can be communicated in any form ...or material determined to require protection against unauthorised disclosure and which has been so designated by a security classification". The receiving party must protect the information according to the provisions specified in security arrangements for implementation of the Agreement. These are to be drawn up by the NATO Office of Security and the Security Offices of the Council General Secretariat and the European Commission. They will also establish procedures to be followed in the case of proven or suspected compromise of security.

  15.3  There are provisions to ensure that the information concerned is not disclosed to third parties other than those specified in the Agreement, without the consent of the originator or providing party. Those specified include members of NATO and EU Member States which have subscribed to the "Partnership for Peace" framework document and therefore, in that context, have a valid security agreement with NATO.

  15.4  The parties to the Agreement must ensure that, before people in their organisations are given access to the information, they have appropriate security clearances. The need-to-know principle is to be applied in those, exceptional, cases where information is to be given to specific officials, organs or services only.

The Government's view

  15.5  The Minister for Europe (Mr Denis MacShane) says that the Agreement has been discussed extensively within the EU and NATO since April 2001.

  15.6  The draft the Minister attaches reflects the agreements reached between the EU and NATO in December 2002 on EU access to NATO assets — the 'Berlin Plus' package. It has not yet been discussed in the EU Political and Security Committee (PSC) and could be subject to minor changes when it is, soon after17 January, when the NATO "silence procedure"[43] expires. It is expected to be endorsed by the General Affairs and External Relations Council on 27-28 January and in parallel by the North Atlantic Council. It will then be signed by the EU Presidency and the NATO Secretary General, with a view to full implementation by 1 March 2003.

Conclusion

  15.7  A considerable amount of thought and discussion between the EU and NATO has clearly gone into this Agreement, which is to be welcomed. We see no difficulty with it and understand that the Government does not envisage any slippage in the expected timetable.

  15.8  We clear the document.


43  Under this procedure, silence denotes assent at the expiry date. Back


 
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Prepared 4 February 2003