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EN
Official Journal of the European Union
24.8.2012
AGREEMENT
between the Organisation for Joint Armament Cooperation and the European Union on the
protection of classified information
The Organisation for Joint Armament Cooperation, hereinafter referred to as ‘OCCAR’,
and
The European Union, hereinafter referred to as ‘the EU’,
hereinafter referred to as ‘the Parties’,
CONSIDERING THAT the Parties agree that consultations and co-operation should be developed between them on
questions of common interest relating to security;
RECOGNISING THAT full and effective consultation and co-operation may require access to classified information of
OCCAR and the EU, as well as the exchange of classified information between the Parties;
CONSCIOUS THAT such access to and exchange of classified information requires appropriate security measures;
CONSIDERING THAT on 18 May 2009 the Council endorsed the European Defence Agency Steering Board’s recom
mendation to take work forward on the establishment of a Security Agreement between the EU and OCCAR with the
objective of it being available in time for the approval of the Administrative Arrangement between the EDA and OCCAR;
NOTING THAT the Board of Supervisors of OCCAR has authorised the Director of the Executive Administration (EA) of
OCCAR to conclude such a Security Agreement;
NOTING THAT on 15 June 2009 the Council authorised the Presidency to open negotiations with OCCAR in order to
conclude a security of information agreement,
HAVE AGREED AS FOLLOWS:
Article 1
2. In
implementing
paragraph
1,
no
generic
release
shall
be
possible unless procedures are agreed between the Parties
The Agreement between OCCAR and the EU on the protection
regarding certain categories of information, relevant to their
of classified information (hereinafter the ‘Agreement’) shall
operational requirements.
apply to classified information in any form either provided or
exchanged between the Parties.
Article 2
Article 5
For the purposes of this Agreement, ‘classified information’ shall
Each of the Parties, and entities thereof as defined in Article 3 of
mean any information, (namely, knowledge that can be
this Agreement, shall ensure that it has a security system and
communicated in any form) document or material which has
security measures in place, based on the basic principles and
been determined by either Party to require protection against
minimum standards of security laid down in its respective
unauthorised disclosure that could cause varying degrees of
security rules and regulations, and reflected in the arrangements
damage, harm or prejudice to the interests of OCCAR, or of
to be established pursuant to Article 12, in order to ensure that
the EU or one or more of their respective Member States, and
an equivalent level of protection is applied to classified
has been so designated by a security classification.
information provided or exchanged under this Agreement.
Article 3
The EU institutions and entities to which this Agreement applies
Article 6
shall be: the European Council, the Council of the European
Union (hereafter ‘the Council’), the General Secretariat of the
1. Classified
information
shall
be
marked
as
follows:
Council, the High Representative of the Union for Foreign
Affairs and Security Policy, the European Commission and the
European External Action Service (hereafter ‘the EEAS’). For the
purposes of this Agreement, these institutions and entities shall
(a) For OCCAR, classified information shall be marked OCCAR
be referred to as ‘the EU’.
SECRET, OCCAR CONFIDENTIAL or OCCAR RESTRICTED.
Article 4
1. Classified
information
may
be
disclosed
or
released
by
one
(b) For the EU, classified information shall be marked SECRET
Party (the providing Party) to the other Party (the receiving
UE/EU SECRET, CONFIDENTIEL UE/EU CONFIDENTIAL or
Party) in accordance with the principle of originator control.
RESTREINT UE/EU RESTRICTED.

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EN
24.8.2012 Official
Journal
of
the
European
Union L
229/3
2. The
corresponding
security
classifications
are:
Article 8
1. The
Parties
shall
ensure
that
all
persons
who,
in
the
conduct of their official duties require access, or whose duties
In OCCAR In
the
European
Union
or functions may afford access, to classified information
OCCAR SECRET SECRET
UE/EU
SECRET
provided or exchanged under this Agreement are appropriately
security-cleared before they are granted access to information
OCCAR CONFIDENTIAL CONFIDENTIEL
UE/EU
CONFIDENTIAL
classified CONFIDENTIEL UE/EU CONFIDENTIAL or OCCAR
CONFIDENTIAL or to SECRET UE/EU SECRET or OCCAR
OCCAR RESTRICTED RESTREINT
UE/EU
RESTRICTED
SECRET.
2. The
security
clearance
procedures
shall
be
designed
to
Article 7
determine whether an individual may, taking into account his
1. Each
Party
shall:
or her loyalty, trustworthiness and reliability, have access to
classified information.
(a) protect and safeguard classified information provided or
exchanged by the other Party under this Agreement from
Article 9
unauthorised disclosure, loss or compromise;
The Parties shall provide mutual assistance with regard to the
security of classified information provided or exchanged under
this Agreement. Reciprocal security consultations and
(b) ensure that classified information provided or exchanged
assessment visits shall be conducted by the authorities referred
under this Agreement keeps the security classification
to in Article 12 to assess the effectiveness of the security
marking given to it by the providing Party. The receiving
arrangements established within their respective responsibilities
Party shall protect and safeguard the classified information
for protecting such classified information.
to a degree no less stringent than the provisions set out in
its own security rules and regulations for information or
material holding an equivalent security classification, as
Article 10
specified in Article 6;
1. For
the
purpose
of
this
Agreement:
(c) ensure that classified information received from the other
Party is not downgraded or declassified without the prior
(a) As regards the EU, all correspondence shall be sent through
written consent of that Party;
the Chief Registry Officer of the Council and shall be
forwarded by him to the Member States and to the
entities referred to in Article 3, subject to paragraph 2.
(d) not use such classified information for purposes other than
those established by the originator or those for which the
information is provided or exchanged;
(b) As regards OCCAR, all correspondence shall be sent to the
Registry Control Officer of OCCAR-EA and if necessary
shall be forwarded by him to the relevant Classified
(e) not allow access to classified information to individuals
Registries of OCCAR-EA, subject to paragraph 2 of this
unless they have a need-to-know in order to perform
Article.
their official duties and where access is required to
CONFIDENTIEL UE/EU CONFIDENTIAL or OCCAR
CONFIDENTIAL or to SECRET UE/EU SECRET or OCCAR
2. Exceptionally,
correspondence
from
one
Party
which
is
SECRET, have been granted a security clearance in
accessible to only specific competent officials, organs or
accordance with the security rules and regulations of the
services of that Party may, for operational reasons, only be
receiving Party; and
addressed to and be accessible by specific competent officials,
organs or services of the other Party specifically designated as
recipients by the providing Party, taking into account their
(f) ensure that all individuals having access to classified
competencies and according to the need-to-know principle.
information are informed of their responsibilities to
protect the information in accordance with the applicable
security rules and regulations.
As far as the European Union is concerned, such
correspondence shall be transmitted through the Chief
Registry Officer of the Council, the Chief Registry Officer of
2. The
EU
shall
not
disclose
classified
information
provided the European Commission or the Chief Registry Officer of the
by OCCAR under this Agreement to third parties, or to any EU
EEAS, as appropriate.
institution or entity not mentioned in Article 3, without the
prior written consent of OCCAR.
As far as OCCAR is concerned, such correspondence shall be
transmitted through the Registry Control Officer of OCCAR-EA.
OCCAR shall not disclose classified information provided by the
EU under this Agreement to third parties without the prior
written consent of the EU. Such consent shall be given by the
3. All
classified
information
shall
be
transmitted
through
Council, acting unanimously.
channels agreed by the security authorities of the Parties.

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L 229/4
EN
Official Journal of the European Union
24.8.2012
4. Classified
information
transmitted
by
electronic
means
Article 13
shall be encrypted in accordance with the providing Party’s
requirements as outlined in its security rules and regulations.
In the event of a security breach resulting in the loss or
The providing Party’s requirements shall be met when trans
compromise of classified information received from the
mitting, storing and processing classified information in
providing Party or suspicion that such classified information
internal networks of the Parties.
has been disclosed to unauthorised persons, the receiving
Party shall immediately inform the providing Party.
Article 11
An immediate investigation shall be carried out by the receiving
The Director of OCCAR-EA shall oversee the implementation of
Party (with assistance from the providing Party if required) in
this Agreement by OCCAR. The High Representative of the
accordance with its security rules and regulations for the
Union for Foreign Affairs and Security Policy, the Member of
protection of classified information. The receiving Party shall
the European Commission responsible for security matters and
inform the providing Party about the circumstances, measures
the Secretary-General of the Council shall oversee the imple
adopted, and outcome of the investigation as soon as is prac
mentation of this Agreement by the EU.
ticable and of the corrective action taken to prevent recurrence.
The authorities referred to in Article 12 may establish
Article 12
procedures to that effect.
1. In order to implement this Agreement, security
arrangements shall be established between the four authorities
Article 14
designated in paragraphs 2, 3, 4 and 5 in order to outline the
standards for the transmission, reciprocal protection of classified
Each Party shall bear its own costs incurred in implementing
information and visits under this Agreement.
this Agreement.
2. The
Security
Section
of
OCCAR-EA,
under
the
direction
Article 15
and on behalf of the OCCAR-EA Director, acting for OCCAR
and under its authority, shall draw up security arrangements for
Before classified information is provided or exchanged between
protecting and safeguarding classified information provided to
the Parties under this Agreement, the responsible security auth
OCCAR under this Agreement in accordance with the OCCAR
orities referred to in Article 12 shall agree that the receiving
security rules and regulations.
Party is able to protect and safeguard the information in a way
consistent with the arrangements to be established pursuant to
that Article.
3. The Security Office of the General Secretariat of the
Council, under the direction and on behalf of the Secretary-
General of the Council, acting in the name of the Council
Article 16
and under its authority shall draw up security arrangements
for protecting and safeguarding classified information provided
This Agreement shall not prevent the Parties from concluding
to the EU under this Agreement in accordance with the
other Agreements relating to the provision or exchange of clas
Council’s security rules.
sified information provided that they do not conflict with the
provisions of this Agreement.
4. The
European
Commission
Security
Directorate,
acting
under the authority of the Member of the Commission
Article 17
responsible for security matters, shall draw up security
Any disputes between OCCAR and the EU arising out of the
arrangements for protecting classified information provided
interpretation or application of this Agreement shall be
under this Agreement within the European Commission and
addressed by negotiation between the Parties. Pending
its premises in accordance with the Commission’s security
settlement of any disputes, the Parties shall continue to fulfil
provisions.
all their responsibilities under this Agreement.
5. The
European
External
Action
Service
Security
Directorate,
acting under the authority of the High Representative of the
Article 18
Union for Foreign Affairs and Security Policy, shall draw up
1. The
present
Agreement
shall
enter
into
force
on
the
date
security arrangements for protecting classified information
of signature by the Parties.
provided under this Agreement within the EEAS and its
premises in accordance with the security rules for the EEAS.
2. Each Party shall notify the other Party of any changes in
6. For the EU, the security arrangements mentioned in
its rules and regulations that could affect the protection of
paragraph 1 shall be subject to approval by the Council
classified information referred to in this Agreement.
Security Committee.
3. This
Agreement
may
be
reviewed
for
consideration
of
7. For
OCCAR,
the
security
arrangements
mentioned
in possible amendments at the request of either Party. It shall be
paragraph 1 shall be subject to approval by the OCCAR
reviewed in the event of any non-EU State becoming a member
Security Committee.
of OCCAR.

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EN
24.8.2012 Official
Journal
of
the
European
Union L
229/5
4. Any amendment to this Agreement shall only be made in writing and shall be signed by each of the
Parties to the present Agreement.
Article 19
This Agreement is concluded for an indefinite period of time. It may be denounced by one Party by written
notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt
of notification by the other Party, but shall not affect obligations already contracted under the provisions of
this Agreement. In particular, all classified information provided or exchanged pursuant to this Agreement
shall continue to be protected in accordance with the provisions set forth herein.
In witness whereof the undersigned, respectively duly authorised, have signed this Agreement.
Done at Brussels, this twenty-seventh day of July 2012 in two copies each in the English language.
For OCCAR For
the
European
Union

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