Proposal for a COUNCIL DECISION on the conclusion, on behalf of the Union, of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (Main Agreement at link: https://data.consilium.europa.eu/doc/document/ST-14336-2020-ADD-1-REV-1/en/pdf

1. This is a Council Decision on the conclusion, on behalf of the EU, of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, and the United Kingdom of Great Britain and Northern Ireland (‘the TCA’), and the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (hereinafter ‘the Agreement’, agreed between Chief Negotiators on 24 December 2020).

2. On 25 February 2020, the Council authorised the Commission to open negotiations with and conclude an Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning the exchange of classified information. The decision presented is the draft text of that Agreement.

3. The Agreement constitutes a supplementing agreement to the TCA. It addresses the following subjects: the definition of ‘classified information’; the institutions and entities to which this Agreement applies; a commitment that the receiving party will protect classified information provided to them to a level at least equivalent to that afforded by the providing party for its own information; a commitment to hold classified information securely; restrictions on how such information will be used, accessed and disclosed; personnel security clearance requirements for accessing classified information; how classified information is to be provided to contractors; equivalent European Union and United Kingdom security classifications; procedures on how classified information will be transmitted between the parties; a commitment that the parties will, before classified information is provided or exchanged under this Agreement, establish an Implementing Arrangement to lay down the standards for the reciprocal protection of classified information; responsibilities for overseeing the implementation of the Agreement;