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EN
Official Journal of the European Union
23.8.2011
AGREEMENT
between the European Union and the Republic of Serbia on security procedures for exchanging and
protecting classified information
The EUROPEAN UNION, hereinafter referred to as ‘the EU’,
and
the REPUBLIC OF SERBIA,
hereinafter referred to as ‘the Parties’;
CONSIDERING that the Parties share the objectives of strengthening their own security in all ways;
CONSIDERING that the Parties agree that consultations and cooperation should be developed between them on questions
of common interest relating to security;
CONSIDERING that, in this context, a permanent need therefore exists to exchange classified information between the
Parties;
RECOGNISING that full and effective consultation and cooperation may require access to and exchange of classified
information and related material of the Parties;
CONSCIOUS that such access to and exchange of classified information and related material require that appropriate
security measures be taken,
HAVE AGREED AS FOLLOWS:
Article 1
Service (hereinafter ‘the EEAS’) and the European Commission.
For the purposes of this Agreement, these institutions and
1. In
order
to
fulfil
the
objectives
of
strengthening
the entities shall be referred to as ‘the EU’.
security of each of the Parties in all ways, the Agreement
between the EU and the Republic of Serbia on security
procedures for exchanging and protecting classified information
Article 4
(hereinafter ‘the Agreement’) shall apply to classified
information or material in any form and in any field either
Each of the Parties, and entities thereof as referred to in
provided or exchanged between the Parties.
Article 3, shall ensure that it has a security system and
security measures in place, based on the basic principles and
2. Each
Party
shall
protect
classified
information
received minimum standards of security laid down in their respective
from the other Party from unauthorised disclosure in
laws or regulations, and reflected in the security arrangements
accordance with the terms set forth herein and in accordance
to be established pursuant to Article 12, in order to ensure that
with the Parties’ respective laws and regulations.
an equivalent level of protection is applied to classified
information provided or exchanged under this Agreement.
Article 2
Article 5
For the purposes of this Agreement, ‘classified information’ shall
mean any information or material, in any form, which:
Each of the Parties, and entities thereof as referred to in
Article 3, shall:
(a) is determined by either Party to require protection, as its
unauthorised disclosure could cause varying degrees of
(a) protect classified information provided by or exchanged
damage or harm to the interests of the Republic of
with the other Party under this Agreement in a manner at
Serbia, or of the EU or one or more of its Member
least equivalent to that afforded to it by the providing Party;
States; and
(b) bears a classification marking.
(b) ensure that classified information provided or exchanged
under this Agreement keeps the security classification
Article 3
marking given to it by the providing Party, and that it is
not downgraded or declassified without the prior written
The EU institutions and entities to which this Agreement applies
consent of the providing Party. The receiving Party shall
shall be: the European Council, the Council of the European
protect the classified information according to the
Union (hereinafter ‘the Council’), the General Secretariat of the
provisions set out in its own security regulations for
Council, the High Representative of the Union for Foreign
information or material holding an equivalent security clas
Affairs and Security Policy, the European External Action
sification as specified in Article 7;

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EN
23.8.2011 Official
Journal
of
the
European
Union L
216/3
(c) not use such classified information for purposes other than
Article 8
those established by the originator or those for which the
information is provided or exchanged;
1. The
Parties
shall
ensure
that
all
persons
who,
in
the
conduct of their official duties require access, or whose duties
or functions may afford access, to information classified CONFI
(d) not disclose such classified information to third parties, or
DENTIEL UE, ПОΒΕРИВО РС or POVERLJIVO RS, or above,
to any EU institution or entity not referred to in Article 3,
provided or exchanged under this Agreement are security-
without the prior written consent of the providing Party;
cleared as appropriate before they are granted access to such
information.
(e) not allow access to classified information to individuals
unless they have a need-to-know and have been security-
cleared as appropriate and authorised by the relevant Party;
2. The
security
clearance
procedures
shall
be
designed
to
determine whether an individual may, taking into account his
or her loyalty, trustworthiness and reliability, have access to
(f) ensure the security of facilities where classified information
classified information.
provided by the other Party is kept; and
(g) ensure that all individuals having access to classified
Article 9
information are informed of their responsibilities to
protect the information in accordance with the applicable
The Parties shall provide mutual assistance with regard to the
laws and regulations.
security of classified information provided or exchanged under
this Agreement and matters of common security interest.
Reciprocal security consultations and assessment visits shall be
Article 6
conducted by the authorities referred to in Article 12 to assess
1. Classified
information
shall
be
disclosed
or
released
in the effectiveness of the security arrangements within their
accordance with the principle of originator consent.
respective responsibility to be established pursuant to that
Article.
2. For
release
to
recipients
other
than
the
Parties,
a
decision
on disclosure or release of classified information will be made
Article 10
by the receiving Party on a case-by-case basis subject to the
consent of the providing Party and in accordance with the
1. For
the
purpose
of
this
Agreement:
principle of originator consent.
3. No
generic
release
shall
be
possible
unless
procedures
are (a) as regards the EU, all correspondence shall be sent through
agreed between the Parties regarding certain categories of
the Chief Registry Officer of the Council and shall be
information, relevant to their specific requirements.
forwarded by him/her to the Member States and to the
entities referred to in Article 3, subject to paragraph 2;
4. Nothing
in
this
Agreement
shall
be
regarded
as
a
basis
for
mandatory release of classified information between the Parties.
(b) as regards the Republic of Serbia, all correspondence shall
be sent through the Office of the Council for National
5. Classified
information
received
from
the
providing
Party
Security and Protection of Classified Information.
may be provided to a contractor or prospective contractor only
with the prior written consent of the providing Party. Prior to
such release, the receiving Party shall ensure that the contractor
2. However,
correspondence
from
one
Party
which
is
or prospective contractor and the contractor’s facility are able to
accessible only to specific competent officials, organs or
protect the information and have an appropriate clearance.
services of that Party may, for operational reasons, be
addressed and be accessible only to specific competent officials,
organs or services of the other Party specifically designated as
Article 7
recipients, taking into account their competencies and according
In order to establish an equivalent level of protection for clas
to the need-to-know principle. As far as the EU is concerned,
sified information provided or exchanged between the Parties,
such correspondence shall be transmitted through the Chief
the security classifications shall correspond as follows:
Registry Officer of the Council, the Chief Registry Officer of
the European Commission or the Chief Registry Officer of the
EEAS, as appropriate. As far as the Republic of Serbia is
EU Republic
of
Serbia
concerned, such correspondence shall be transmitted through
the Chief Registry Officer of the Mission of the Republic of
RESTREINT UE
ИНТΕРНО РС or INTERNO RS
Serbia to the EU.
CONFIDENTIEL UE
ПОΒΕРИВО РС or POVERLJIVO RS
SECRET UE
СТРОГО ПОΒΕРИВО РС or STROGO
Article 11
POVERLJIVO RS
The Minister of Foreign Affairs of the Republic of Serbia, the
TRES SECRET UE/EU TOP ДРЖАВНА ТАНА РС or DRAVNA
Secretary-General of the Council and the Member of the
SECRET
TAJNA RS
European Commission responsible for security matters shall
oversee the implementation of this Agreement.

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L 216/4
EN
Official Journal of the European Union
23.8.2011
Article 12
Article 16
1. In order to implement this Agreement, security Any differences between the Parties arising out of the interpre
arrangements shall be established between the three authorities
tation or application of this Agreement shall be addressed by
designated below, each acting under the direction and on behalf
negotiation between them. During the negotiation both Parties
of its organisational superiors, in order to lay down the
shall continue to fulfil all of their obligations under this
standards for the reciprocal protection of classified information
Agreement.
subject to this Agreement:
Article 17
— the Office of the Council for National Security and
1. This
Agreement
shall
enter
into
force
on
the
first
day
of
Protection of Classified Information, for classified
the first month after the Parties have notified each other of the
information provided to the Republic of Serbia under this
completion of the internal procedures necessary for this
Agreement,
purpose.
— the Security Office of the General Secretariat of the Council,
2. Each Party shall notify the other Party of any changes in
for classified information provided to the EU under this
its laws and regulations that could affect the protection of
Agreement,
classified information referred to in this Agreement.
— the European Commission Security Directorate, for classified
3. This
Agreement
may
be
reviewed
for
consideration
of
information provided or exchanged under this Agreement
possible amendments at the request of either Party.
within the European Commission and its premises.
4. Any
amendment
to
this
Agreement
shall
be
made
in
2. Before
classified
information
is
provided
or
exchanged writing only and by common agreement of the Parties. It
between the Parties under this Agreement, the competent
shall enter into force upon mutual notification as provided
security authorities referred to in paragraph 1 shall agree that
under paragraph 1.
the receiving Party is able to protect the information in a way
consistent with the security arrangements to be established
Article 18
pursuant to that paragraph.
This Agreement may be terminated by one Party by written
Article 13
notice of termination given to the other Party. Such termination
shall take effect six months after receipt of notification by the
1. The
competent
authority
of
either
Party
referred
to
in other Party, but shall not affect obligations already contracted
Article 12 shall immediately inform the competent authority
under the provisions of this Agreement. In particular, all clas
of the other Party of any proven or suspected cases of unauth
sified information provided or exchanged pursuant to this
orised disclosure or loss of classified information provided by
Agreement shall continue to be protected in accordance with
that Party, and shall conduct an investigation and shall report
the provisions set forth herein.
the results to the other Party.
In witness whereof the undersigned, respectively duly auth
2. The
competent
authorities
referred
to
in
Article
12
shall orised, have signed this Agreement.
establish procedures to be followed in such cases.
Article 14
Done at Belgrade, this twenty-sixth day of May in the year two
thousand and eleven in two copies, each in the English
Each Party shall bear its own costs incurred in implementing
language.
this Agreement.
Article 15
Nothing in this Agreement shall alter existing agreements or
For the European Union For
the
Republic
of
Serbia
arrangements between the Parties nor agreements between the
Republic of Serbia and Member States of the EU. This
Agreement shall not preclude the Parties from concluding
other agreements relating to the provision or exchange of clas
sified information subject to this Agreement provided they are
not incompatible with the obligations under this Agreement.

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