32003E0188

Council Joint Action 2003/188/CFSP

of 17 March 2003

amending Joint Action 2002/210/CFSP on the European Union Police Mission

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and, in particular Article 14 thereof,

Whereas:

(1) On 11 March 2002, the Council adopted Joint Action 2002/210/CFSP on the European Union Police Mission(1), providing for the association with the Mission of non-EU European NATO members and other States which are candidates for accession to the European Union as well as other OSCE Member States.

(2) It proves necessary, for operational reasons, to be able to exchange classified information, in compliance with the Council's security regulations, with the third States contributing to the Mission, with NATO/SFOR, with the host State where necessary, and with the Office of the High Representative, the United Nations and the OSCE.

(3) The third States associated with Joint Action 2002/210/CFSP have undertaken to protect the European Union's classified information.

(4) The Security Committee delivered a positive technical opinion on 4 March 2003.

(5) The Joint Action should therefore be amended,

HAS ADOPTED THIS JOINT ACTION:

Article 1

The following Article shall be added to Joint Action 2002/210/CFSP:

"Article 8a

Release of classified information

1. The Secretary-General/High Representative is authorised to release to NATO/SFOR and to the third parties associated with this EU Joint Action, classified information and documents up to the level 'CONFIDENTIEL UE' generated for the purposes of the operation, in accordance with the Council's security regulations.

2. The Secretary-General/High Representative is also authorised to release, in accordance with the operational needs of the Mission, to the Office of the High Representative, to the United Nations, and to the OSCE, classified information and documents up to the level 'RESTREINT UE' generated for the purposes of the operation, in accordance with the Council's security regulations. Local arrangements will be drawn up for this purpose.

3. In the event of a specific and immediate operational need, the Secretary-General/High Representative is also authorised to release to the host State classified information and documents up to the level 'CONFIDENTIEL UE' generated for the purposes of the operation, in accordance with the Council's security regulations. In all other cases, such information and documents shall be released to the host State in accordance with procedures appropriate to the host State's level of cooperation with the European Union."

Article 2

This Joint Action shall enter into force on the date of its adoption.

Article 3

This Joint Action shall be published in the Official Journal of the European Union.

Done at Brussels, 17 March 2003.

For the Council

The President

G. Drys

(1) OJ L 70, 13.3.2002, p. 1.