15. EU-NATO AGREEMENT ON SECURITY OF INFORMATION
(24151)
15764/02
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Draft Agreement between the European Union and the North Atlantic Treaty Organisation on the security of information.
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| Legal base: | Article 24 EU; unanimity
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| Document originated: | 18 December 2002
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| Deposited in Parliament: | 9 January 2003
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| Department: | Foreign and Commonwealth Office
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| Basis of consideration: | EM of 9 January 2003
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| Previous Committee Report: | None
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| To be discussed in Council: | 27-28 January 2003 General Affairs and External Relations Council
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| Committee's assessment: | Politically important
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| Committee's decision: | Cleared
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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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