In its Decision of April 7th, the Council approved on behalf of the European Union the Agreement between the European Space Agency and the European Union on the security and exchange of classified information. The Agreement was signed in July 18th and published in the OJEU on August 14th, and will enter into force after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.

In order to fulfil the objectives of strengthening the security of each of the European Union and the European Spacial Agency (ESA) in all ways, this Agreement on the security and exchange of classified information will apply to classified information provided or exchanged between the Parties.

The informations which fall under the “classified information” designation are any information (namely knowledge which may be communicated in whatever form) or material, including documents, determined by either Party to require protection against unauthorised disclosure and which has been so designated by a security classification.

According to the Agreement, each Party will have the following obligations regarding the treatment and communication of classified information:

• Protect and safeguard classified information subject to this Agreement provided by one Party to the other or exchanged between them.
• Ensure that classified information provided or exchanged under this Agreement keeps the security classification given to it by the providing Party. The receiving Party shall protect and safeguard such classified information according to the provisions set out in its own security regulations for classified information holding an equivalent security classification, as specified in the security arrangements established in the Agreement.
• Not use such classified information subject to this Agreement for purposes other than those established by the providing Party.
• Not disclose such classified information subject to this Agreement to third parties, or to any EU institution or entity not mentioned in the Agreement, without the prior consent of the providing Party.
• Not allow access to such classified information to individuals unless they have a need to know and, where needed, have been security-cleared to the necessary level.

Under this Agreement, the ESA and the EU will have the obligation to provide mutual assistance with regard to the security of classified information subject to the Agreement and matters of common security interest.

The Agreement establishes the security clearance procedures which are necessary in order to ensure that all persons that in the conduct of their official duties have access to classified information have the required credentials and a clear security record.

Classified information may be disclosed or released, in accordance with the principle of originator control, by one Party (the providing Party), to the other Party (the receiving Party). If the information is to be released to a third party (not the ESA, nor the EU), this will require a decision by the receiving Party, after the written consent of the providing Party.

In order to implement the Agreement and lay down the standards of reciprocal security, some security arrangements must be established between:

• The ESA Security Office, under the authority of the Director-General of ESA.
• The Security Office of the General Secretariat of the Council, under the direction and on behalf of the Secretary-General of the Council.
• The European Commission Security Directorate.