EUR-Lex - 31958R0003(01) - EN Avis juridique important | 31958R0003(01) EAEC Council: Regulation No 3 implementing Article 24 of the Treaty establishing the European Atomic Energy Community Official Journal 017 , 06/10/1958 P. 0406 - 0416 Finnish special edition: Chapter 12 Volume 1 P. 0003 Swedish special edition: Chapter 12 Volume 1 P. 0003 Danish special edition: Series I Chapter 1952-1958 P. 0063 English special edition: Series I Chapter 1952-1958 P. 0063 Greek special edition: Chapter 12 Volume 1 P. 0003 Spanish special edition: Chapter 12 Volume 1 P. 0003 Portuguese special edition Chapter 12 Volume 1 P. 0003 REGULATION (EURATOM) No 3 implementing Article 24 of the Treaty establishing the European Atomic Energy Community THE COUNCIL OF THE EUROPEAN ATOMIC ENERGY COMMUNITY, Having regard to Articles 24, 25 and 217 of the Treaty establishing the European Atomic Energy Community; Having regard to the proposal from the Commission; Whereas security measures must be put into effect for each of the security gradings to be applied to information the disclosure of which is liable to harm the defence interests of one or more Member States, and whereas such measures must be exercised under the supervision of the Commission in respect of both the subject matter of such information and the persons and undertakings to which such information must be communicated in the territory of Member States; HAS ADOPTED THIS REGULATION: PART ONE GENERAL PROVISIONS SECTION I Scope Article 1 Scope in relation to subject matter 1. This Regulation shall determine the security gradings and the security measures to be applied to information acquired by the Community or communicated by Member States which is covered by Articles 24 and 25 of the Treaty establishing the European Atomic Community (hereinafter called "the Treaty"). Such information shall hereinafter be called : Euratom Classified Information ("ECI"). However, when a State communicates information covered by Article 25, the Regulation shall apply only if the use to which the information is put falls within the scope of the Treaty. 2. Reports, data, documents, objects, reproducing media and matter relating to information as referred to in the first paragraph shall be treated as ECI. Article 2 Contracts, transactions or agreements concerned with activities coming within the scope of the Treaty which are concluded, extended or renewed between a Member State and a natural or legal person after the entry into force of this Regulation shall not be relied upon as a ground for not complying with the provisions of this Regulation. Security measures which derive from contractual obligations put into effect prior to this Regulation may, however, be applied instead of the provisions of the Regulation for the period specified in the contract concerned. Article 3 Scope in relation to persons The security measures laid down in this Regulation shall be applied to ECI and the instructions needed to ensure that these measures are observed shall be issued by: (a) institutions, committees, services and installations of the Community; (b) Member States and their authorities; (c) Joint Undertakings; (d) persons and undertakings as defined in Article 196 of the Treaty. Article 4 Joint Undertakings The Statutes of each Joint Undertaking shall determine whether that Joint Undertaking is to be treated, for the purposes of this Regulation, in the same way as the institutions, services and installations of the Community or as persons and undertakings as defined in Article 196 of the Treaty. Article 5 Provisions supplementing the Security Regulation 1. The rules for the protection of ECI laid down in this Regulation shall be treated as minimum requirements. 2. Where necessary, the Community and the Member States shall supplement the Security Regulation within their respective jurisdictions to take due account of local conditions and may strengthen it by means of appropriate provisions of their own provided, however, that they do not adversely affect the uniform treatment of ECI. SECTION II Organisation Article 6 Security Bureau Under the authority and responsibility of the Commission, the Security Bureau set up by the Commission shall: (a) co-ordinate and ensure the general application of security measures; (b) supervise the application of those measures in the institutions, committees, services and installations of the Community; (c) be empowered to have the application of the security measures for ECI as laid down in this Regulation verified in the territory of Member States by the national authorities and, if it considers this necessary, carry out such verification itself in collaboration with those authorities; (d) propose any amendments it considers necessary for the application of this Regulation. Article 7 Bodies responsible for applying security measures in Member States Each Member State shall appoint an official body to be responsible for applying or causing to be applied in the territory within its jurisdiction the security measures laid down in this Regulation. Article 8 Security Officers 1. In each institution, service and installation of the Community where ECI is prepared or kept, the Security Office shall appoint an official to be responsible for applying this Regulation (hereinafter called "Security Officer"). 2. Authorities of Member States and all persons or undertakings as defined in Article 196 of the Treaty who prepare or have possession of ECI shall, with the approval of the official body responsible for security referred to in Article 7, appoint an official to be responsible for applying this Regulation (hereinafter called "Security Officer"). 3. Security Officers shall in particular be responsible for: (a) effecting registration as provided in Article 23; (b) keeping up to date, by category, the list of all persons entitled to have access to ECI; (c) instructing employees in their duties with regard to security; (d) ensuring the application of the physical security measures. SECTION III Classification and declassification of ECI Article 9 Principle Security gradings shall be applied only to the extent strictly necessary. Article 10 Security gradings ECI shall be classified according to a scale of security gradings as follows: 1. Eura - Top Secret : where unauthorised disclosure of the information would have extremely serious consequences for the defence interests of one or more Member States; 2. Eura - Secret : where unauthorised disclosure of the information would have serious consequences for the defence interests of one or more Member States; 3. Eura - Confidential : where unauthorised disclosure of the information would be harmful to the defence interests of one or more Member States; 4. Eura - Restricted : where unauthorised disclosure of the information would affect the defence interests of one or more Member States but where a lesser degree of security is required than in the case of documents classified as Eura - Confidential. Article 11 Authorities competent in respect of classification 1. The Commission shall classify information covered by Article 24 of Treaty: (a) provisionally, where it considers that disclosure is liable to harm the defence interests of one or more Member States; (b) definitively, as soon as the Member States have made known the security grading they are requesting. The highest grading so requested shall be applied. The Commission shall notify the Member States accordingly. The Commission shall establish and revise periodically, in collaboration with the competent authorities of the Member States, a non-exhaustive list of the categories of information to which a security grading should be applied. 2. The Commission shall notify both the competent institutions and the organs of the Community as well as the other Member States of the security grading required by the orginating State in respect of applications for patents or utility models covered by Article 25 of the Treaty. Article 12 Classification of documents 1. The security grading applicable to a document relating to ECI shall be determined solely on the basis of the contents of the document in question and not on the basis of the grading of the ECI subject-matter to which it relates. To avoid endangering the security of documents which come under Eura - Secret and Eura - Top Secret gradings, references to such documents shall be kept to a minimum and made in a way which shall disclose neither their contents nor their security gradings. The following shall be subject to the security grading which applies to a document: (a) copies of that document; (b) documents concerning research or production carried out on the basis of that document. 2. If a document relating to ECI is made up of several parts, the security grading applicable to the whole shall always be that of the part requiring the highest grading. Article 13 Changes in security grading and declassification The security grading applied to any given ECI may be changed or declassified in the manner provided for in the fifth subparagraph of Article 24 (2) of the Treaty and in Article 25 (3) of the Treaty. PART TWO PROVISIONS RELATING TO PERSONS Article 14 Access to ECI 1. Access to and possession of ECI may be granted only to persons who are duly authorised and who, in addition, on account of their duties, have a clear need to be informed of or to receive such information. 2. No authorisation shall be required for access to ECI graded Eura - Restricted. Article 15 Authorisation 1. Save as otherwise laid down by the Council, authorisation shall be granted only to persons who have undergone screening in accordance with Article 16 and have received instructions as required under Article 17. 2. Authorisation shall be given in writing. The authorising document shall not be held by the authorised person. 3. The Security Officers referred to in Article 8 shall be authorised in the same manner. 4. The following shall have power to grant authorisations: (a) in the case of members of institutions, members of committees and officials and servants of the Community, the Security Bureau; (b) in all other cases, the Member State which, under the first subparagraph of Article 16 (2), is responsible for screening. Authorisation granted by the Security Bureau or by a Member State shall be recognised by all organs of the Community and by all Member States. 5. The Security Bureau and the official bodies responsible for security provided for in Article 7 shall, each in respect of its own affairs, keep a list of the persons authorised to have access to ECI-graded Eura - Top Secret and Eura - Secret. Article 16 Screening 1. The object of screening shall be to ensure that the person concerned satisfies the necessary conditions for having access to ECI. The scope of the screening shall depend on the security grading for which authorisation is requested. 2. Screening shall in all cases be carried out under the responsibility of the Member State of which the person concerned is a national. If the person concerned is not a national of any Member State, the Member State in whose territory he has his fixed address or his usual residence shall be responsible. If the person concerned has resided for some time or if he has connections in a Member State other than the Member State referred to in the preceding subparagraph, that Member State shall be asked by the Member State responsible for screening to participate in the investigation and shall communicate the results of its inquiries to the Member State responsible for screening. 3. The relevant provisions and directives adopted in each Member State shall apply for the purposes of screening procedure. Save as otherwise determined by the Council in respect of members of institutions and officials and servants of the Community, screening requests made by the Security Bureau shall be addressed to the competent authorities of the Member State which, within the meaning of the first subparagraph of paragraph 2, will be responsible for carrying out the screening. Screening requests shall be accompanied by personal particulars certified by those concerned, giving full details of the personal status of the individuals concerned and their families, activities and fixed addresses covering the preceding ten years. In the case of officials and servants of Member States and persons and undertakings as defined in Article 196 of the Treaty, including employees of such undertakings, screening shall be carried out at the request of the Member State concerned. 4. When the screening has been completed, the following procedure shall be applied in respect of members of the institutions and officials and servants of the Community: (a) On completion of the screening, the Member State which was responsible for it within the meaning of the first subparagraph of paragraph 2 shall forward an opinion to the Security Office. That opinion shall state whether or not, on the basis of the results of the screening, there is any objection to the person concerned being authorised to have access to ECI of a given grading. In giving its opinion, the Member State shall take account of all information supplied by any other Member State taking part in the screening. (b) If the opinion given in accordance with subparagraph (a) does not contain any objection, the Security Bureau may, if it considers that there is no serious reason for not doing so, grant the authorisation in respect of the person concerned. The Member State responsible for carrying out the screening shall be informed by the Security Bureau of the decision. (c) If the opinion given in accordance with subparagraph (a) is unfavourable, the Security Bureau shall be bound by that opinion and shall not grant the authorisation. (d) If, after authorisation is granted, information liable to raise doubts as to the suitability of the person authorised should come to the knowledge of the Security Bureau or of a Member State, that information shall be communicated forthwith to the Member State responsible for carrying out screening within the meaning of the first subparagraph of paragraph 2. That Member State shall review its original opinion and inform the Security Office whether it considers that the authorisation should be suspended. The Security Bureau shall, comply with the opinion of the Member State, provided that if the opinion is favourable the Security Bureau considers there is no serious reason for not doing so. Article 17 Instructions 1. On taking up their duties and at regular intervals thereafter, all persons in the service of the Community or of Member States and all those covered by Article 196 of the Treaty whose occupations give them access to ECI shall receive instructions from the Security Officer referred to in Article 8 concerning the need for security and how it is to be maintained. 2. In giving such instructions, it shall be stressed that any breach of the obligation to maintain the security of ECI may also be treated as a breach of the criminal law applicable in respect of acts endangering the security of the State. 3. Persons who have received such instructions shall sign a declaration confirming that they have received the necessary instructions and affirming that they undertake to comply therewith. Article 18 Visits and exchange of information 1. Where, in the course of a visit, a person in the service of one of the institutions or of one of the services or installations of the Community, or subject to the jurisdiction of a Member State, has to receive or discuss ECI graded Eura - Top Secret or Eura - Secret which is in the possession either of a body other than the body in whose service he is employed or of a person subject to the jurisdiction of another Member State, a prior agreement shall be concluded between those bodies or those persons. The agreement shall stipulate that the principal of the body to which the visitor belongs or, if there is no such body, the official body provided for in Article 7, shall send a document, certified where appropriate by the Security Officer, stating the reason for the visit and full personal particulars by which the visitor may be identified. Where appropriate, that document shall also specify his degree of authorisation. 2. The Security Officer of the body visited shall provide guidance for the visitor during his visit. PART THREE PHYSICAL PROTECTION OF ECI SECTION I Distinctive marking and reproduction of ECI Article 19 Distinctive marking 1. The security gradings Eura - Top Secret, Eura - Secret and Eura - Confidential shall be shown by affixing a clearly visible marking with a stamp at the top and bottom of each page of every document relating to ECI. For the Eura - Restricted grading it shall be sufficient to stamp or to type those words only at the top of every page of the relevant documents. In the case of a document bound into a volume those words shall be shown only at the top of the first page of that volume. 2. Each page of a document relating to ECI graded Eura - Confidential or of a higher grading shall be numbered. The total number of pages of ECI documents graded Eura - Top Secret shall be given on the first page ; each copy of such a document shall bear a serial number. The reference of a document relating to ECI graded Eura - Top Secret shall be given on each page used. 3. If the security grading of any given ECI is changed, the relevant documents shall be appropriately marked to correspond with the new grading of the ECI. Article 20 Reproduction 1. The number of complete or partial reproductions of ECI, in whatever form or by whatever methods they are made, shall be strictly limited to immediate and essential requirements. 2. Reproduction (for example, reprints, copies, extracts, translations, etc.) of ECI graded Eura - Top Secret shall, in the case of ECI communicated in accordance with Article 24 of the Treaty, be made only with the consent of the Security Bureau and, in the case of ECI communicated pursuant to Article 25 of the Treaty, with the consent of the Member State in which the ECI originated. 3. Before ECI graded Eura - Secret is reproduced, the Security Officer of the undertaking or the body in possession of the ECI shall be informed. 4. All index references identifying ECI at the time when it is reproduced shall appear on the reproduction or reproductions made thereof. 5. A person or body upon whose initiative reproductions are made shall affix its own distinctive reference to each such reproduction, followed, in the case of ECI of the Eura - Top Secret or Eura - Secret gradings, by a mention of the total number of reproductions made and the individual number of each copy. SECTION II Security in buildings Article 21 1. The appropriate departments of the Community or of Member States shall ensure that buildings or sections of buildings in which ECI graded Eura - Confidential or of higher gradings is kept can be supervised easily and are accessible only to persons authorised to enter them. 2. To check the access of persons to such buildings or sections of buildings, the departments concerned shall take steps to enable employees and visitors to be positively identified. Visitors shall not be left unaccompanied in premises containing ECI. 3. After normal working hours the buildings or sections of buildings in which ECI referred to in paragraph 1 is kept shall be inspected in order to ensure that the reinforced security cabinets and the cabinets containing files etc. have been properly shut and that the ECI has been properly secured. 4. The buildings or sections of buildings in which ECI graded Eura - Top Secret is kept shall be protected by security guards and an alarm system. SECTION III Safe-keeping of ECI Article 22 Reinforced security cabinets 1. ECI graded Eura - Top Secret shall be kept in reinforced security cabinets with a triple combination lock. Secret combination settings shall be changed every time a member of the staff familiar with the combination is transferred and every time security has been or appears to have been compromised ; otherwise the combination shall be changed every six months. 2. ECI graded Eura - Secret and Eura - Confidential shall be kept in reinforced or steel security cabinets the locking mechanism of which is checked regularly and known to be reliable. 3. ECI graded Eura - Restricted shall be kept in such a way that no unauthorised person may obtain access to it. SECTION IV Registration of ECI Article 23 All ECI graded Eura - Top Secret and Eura - Secret shall be specially registered. Such registration shall make it possible: - to compile forthwith a list of the persons who have consulted or have possession of such documents; - to ascertain promptly the holder of each of the copies and of duplicates thereof. SECTION V Circulation of ECI Article 24 Practical provisions 1. Circulation of ECI within a building or group of buildings shall be safeguarded in such a way as to prevent any leakage. 2. ECI graded Eura - Confidential and of higher gradings sent outside a building or group of buildings shall be placed in two envelopes, the inner of which shall bear the security grading. The security grading shall in no circumstances be shown on the outer envelope. Any person receiving ECI shall acknowledge receipt immediately on a receipt form. That receipt form, which shall have no security grading, shall state the ECI reference number and the copy number and date, but not the contents or security grading, of the copy. The recipient shall return the receipt form forthwith to the sender, who shall make certain that this obligation is fulfilled. 3. ECI graded Eura - Restricted shall be handled in such a way as to ensure its security. Article 25 Circulation of ECI within the Community 1. ECI graded Eura - Top Secret dispatched abroad shall be sent by diplomatic bag in the custody of a courier accompanied by one other person. ECI graded Eura - Secret and Eura - Confidential dispatched abroad shall be sent by diplomatic bag. These provisions shall also be applicable when ECI is dispatched in accordance with Articles 4 and 5 of the protocol on the Privileges and Immunities of the European Atomic Energy Community. 2. Exceptionally, ECI referred to in paragraph 1 may also be carried be other persons provided that: (a) those persons are authorised to have access to ECI of the security grading concerned; (b) The consignments containing ECI bear an official seal exempting them from customs control; (c) the bearer is supplied with a certificate which is recognised by all the countries through which he passes and authorises him to accompany the consignment to its stated destination; (d) the bearer is duly instructed in the duties which devolve upon him during carriage of ECI. 3. The dispatch of ECI graded Eura - Restricted shall not be subject to any special provisions. It is, however, essential to ensure that no unauthorised person has access to such information. Article 26 Circulation of ECI within a Member State 1. ECI graded Eura - Confidential and of higher gradings shall be dispatched by messenger. Messengers shall comply with the conditions laid down in Article 25 (2) (a) and (d). In the case of ECI graded Eura - Top Secret the messenger shall be accompanied by another person. 2. ECI graded Eura - Secret may, however, be dispatched by post as an insured letter. ECI graded Eura - Confidential may also be dispatched by registered post. 3. ECI graded Eura - Restricted shall be dispatched in accordance with the provisions of Article 25 (3). Article 27 Carriage of ECI on official mission or for the purposes of meetings 1. Carriage of ECI on official missions or for the purposes of meetings outside the buildings in which it is kept shall be confined to the minimum. 2. ECI carried during official missions shall, when not in use, be deposited in a place complying in every respect with the security requirements within the meaning of Articles 21 and 22. The necessary assistance for that purpose shall be given by the appropriate departments of the Member State in whose territory the meeting or the official mission takes place. If it proves impossible to deposit the ECI in this way, the person travelling shall remain personally responsible for the security thereof, using any security measures to which he has recourse. The ECI shall remain in the personal custody of the person travelling if it should prove impossible to deposit it in adequate conditions of security. It shall in particular be prohibited to leave such ECI, even temporarily, in hotel safes or in vehicles. 3. Documents relating to ECI shall not be read in public. Article 28 Transmission of ECI by telecommunications 1. ECI graded Eura - Confidential and of higher gradings may be sent by telegram, radio, telephone or telex provided it is properly enciphered according to the security grading of the document concerned. 2. ECI graded Eura - Top Secret shall be transmitted in this way only in cases of emergency and absolute necessity. 3. Any en clair telephone calls relating to ECI graded Eura - Confidential or of higher gradings shall be prohibited. SECTION VI Destruction of ECI Article 29 Systematic destruction 1. In order to avoid useless accumulation of ECI, outdated and surplus copies shall be destroyed. Documents graded Eura - Secret or Eura - Top Secret shall not be destroyed without prior authorisation from the authority empowered to decide on their classification. 2. ECI shall be destroyed by incineration, pulping or shredding, which in the case of ECI graded Eura - Top Secret or Eura - Secret shall be carried out in the presence of the Security Officer or a person appointed by him for that purpose, who shall draw up a report thereon. 3. All the reproducing media, of whatever type, e.g. stencils, carbons, ribbons, handwritten notes, film negatives, which were used for production or reproduction shall, after the copies to be kept have been made, be destroyed in accordance with instructions given by the Security Officer. Article 30 Emergency destruction Each authority in possession of ECI shall draw up an emergency destruction plan which in exceptional circumstances would prevent ECI graded Eura - Confidential and of higher grades from falling into the hands of unauthorised persons. SECTION VII Special provisions Article 31 If certain of the aforementioned provisions cannot be applied because of the special nature of the ECI, the Security Officer shall take or cause to be taken the appropriate measures to ensure that the security of such ECI is given protection equivalent to that stipulated in this Regulation. PART FOUR MEASURES TO BE TAKEN IN CASE OF INFRINGEMENT OF THE SECURITY REGULATION Article 32 Compulsory notification 1. Any person who has been instructed in accordance with the provisions of this Regulation, and who finds or assumes that a breach of security regulations or of security measures has been committed, shall forthwith notify either the Security Officer or his departmental head thereof. 2. As soon as such a breach or suspected breach within the meaning of paragraph 1 suggests that ECI graded Eura - Confidential or of higher grading has come to the knowledge of an unauthorised person, the matter shall be referred forthwith to the Security Bureau or the official bodies provided for in Article 7, which shall ascertain the facts. 3. If the suspected breach within the meaning of paragraph 2 is confirmed, the official bodies provided for in Artice 7 of all the Member States shall be informed by the Security Office, or vice versa ; each of them shall, for its own part, take every step: (a) to restrict to a minimum the damage caused; (b) to prevent a repetition of the occurrence. Article 33 Notification of Member States procedure The Security Bureau shall inform the Member States of the established facts through the official bodies provided for in Article 7. The State or States concerned shall, if they consider it necessary, send to the official body of the competent State a request for initiation of the procedure laid down in the second subparagraph of Article 194 (1) of the Treaty. PART FIVE FINAL PROVISIONS Article 34 Treaties or agreements with third countries These provisions shall be without prejudice to the obligations of the Community and the Member States (or of the Community or the Member States) in this field arising out of treaties or agreements concluded with third countries, an international organisation or a national of a third country. Article 35 Entry into force This Regulation shall enter into force on the fortieth day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 31 July 1958. For the Council The President BALKE

Summary: European Atomic Energy Community — information security gradings and measures European Atomic Energy Community — information security gradings and measures SUMMARY OF: Regulation (Euratom) No 3 implementing Article 24 of the Treaty establishing the European Atomic Energy Community WHAT IS THE AIM OF THE REGULATION? The regulation sets out security gradings and security measures to protect Euratom Classified Information (ECI) covered by Articles 24 and 25 of the Treaty establishing the European Atomic Community (Euratom). ECI may include reports, data, documents, objects and reproducing media. Article 24 of the Treaty establishing the European Atomic Community refers to information from the EU nuclear research programme, which could harm EU-countries’ defence interests if disclosed. Article 25 of the Treaty establishing the European Atomic Community similarly refers to information on patents and utility models*. KEY POINTS Security measures and instructions on how to apply them are issued by: EU institutions, committees, services and installations; EU countries and their authorities; Joint undertakings; Individuals and undertakings. A Security Bureau is set up by the European Commission to: coordinate and ensure the general application of security measures; supervise how the measures are applied in EU institutions, committees, services and installations; verify that the measures are applied by EU countries; put forward amendments to the regulation where necessary. A Security Officer is appointed In every EU institution, committee or service of the EU where ECI is prepared or kept, responsible for registering ECI; keeping a list of persons entitled to have access to ECI; instructing employees in their security duties; ensuring that the physical security measures are applied. Gradings, authorisation and screening ECI security gradings are determined depending on the degree of harm unauthorised disclosure would cause to the defence interests of EU countries: Eura — Top Secret: disclosure would have extremely serious consequences for defence interests;Eura — Secret: disclosure would have serious consequences for defence interests;Eura — Confidential: disclosure would be harmful to defence interests;Eura — Restricted: disclosure would affect defence interests but would require less security than documents classified Eura — Confidential. References to documents or data designated Eura — Secret and Eura — Top Secret should be kept to a minimum and should not disclose their contents or security gradings. Access to ECI (except Eura — Restricted) is granted only to authorised persons who have a clear need to receive such information. Authorisation may be granted after a screening process by the Security Bureau or by EU countries. Physical protection of ECI ECI graded Eura — Top Secret, Eura — Secret, and Eura — Confidential must be stamped on each page; Copies of ECI must be limited to immediate and essential requirements; Copies of ECI graded Eura — Top Secret are made only with the consent of the Security Bureau and, in the case of patent information, with the consent of the EU country of origin; Buildings housing ECI graded Eura — Confidential and above must be secure, with employees and visitors positively identified; Visitors must not be left unaccompanied in premises containing ECI; Rules relating to reinforced security cabinets apply for different security gradings; All ECI graded Eura — Top Secret and Eura — Secret must be specially registered; Internal circulation of ECI must be in such a way as to prevent leaks; ECI graded Eura — Confidential or higher sent outside a building must be placed in two envelopes, with only the inner bearing the security grading; ECI graded Eura — Confidential or higher dispatched abroad must be sent by diplomatic bag, with Top Secret ECI in the custody of a courier accompanied by one other person. ECI graded Eura — Secret and Eura — Confidential dispatched abroad shall be sent by diplomatic bag; Strict rules apply to authorising the secure destruction of any ECI no longer required. FROM WHEN DOES THE REGULATION APPLY? It has applied since 15 November 1958. BACKGROUND See also: Nuclear energy (European Commission). KEY TERMS Utility model: a registered right giving the holder exclusive use of a technical invention in exchange for public disclosure of the workings of the invention, and granted only for a limited period. MAIN DOCUMENT Council Regulation (Euratom) No 3 implementing Article 24 of the Treaty establishing the European Atomic Energy Community (OJ 17, 6.10.1958, pp. 406-416) RELATED DOCUMENTS Consolidated version of the Treaty establishing the European Atomic Energy Community — Title II — Provisions for the encouragement of progress in the field of nuclear energy — Chapter 2: Dissemination of information — Section 3: Security provisions — Article 24 (OJ C 203, 7.6.2016, pp. 15-16) Consolidated version of the Treaty establishing the European Atomic Energy Community — Title II — Provisions for the encouragement of progress in the field of nuclear energy — Chapter 2: Dissemination of information — Section 3: Security provisions — Article 25 (OJ C 203, 7.6.2016, p. 16-17) last update 15.05.2020


EUR-Lex - 22004A0210(01) - EN Avis juridique important | 22004A0210(01) Agreement on scientific and technical cooperation between the European Community and the Kingdom of Morocco Official Journal L 037 , 10/02/2004 P. 0009 - 0015 Agreementon scientific and technical cooperation between the European Community and the Kingdom of MoroccoTHE EUROPEAN COMMUNITY (hereinafter referred to as the Community),of the one part,andTHE KINGDOM OF MOROCCO (hereinafter referred to as Morocco),of the other part,hereinafter referred to as the Parties,HAVING REGARD TO the Treaty establishing the European Community, and in particular Article 170 thereof, in conjunction with the first sentence of Article 300(2) and the first subparagraph of Article 300(3) thereof,HAVING REGARD TO Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the Sixth Framework Programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006)(1),CONSIDERING the importance of science and technology for their economic and social development and the reference thereto in Article 47 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, which entered into force on 1 March 2000(2),CONSIDERING that the Community and Morocco are pursuing research, technological development and demonstration activities in a number of areas of common interest, and that participation in each other's research and development activities on a basis of reciprocity will provide mutual benefits,DESIRING to establish a formal cooperation framework for scientific and technological research with a view to extending and intensifying the conduct of cooperative activities in areas of common interest and to encourage the application of the results of such cooperation to the economic and social benefit of both Parties,CONSIDERING the desire to open up the European Research Area to third countries, and in particular the Mediterranean partner countries,HAVE AGREED AS FOLLOWS:Article 1Purpose and principles1. The Parties shall encourage, develop and facilitate cooperative scientific and technological activities between the Community and Morocco in fields of common interest where they are pursuing scientific research and technological development activities.2. The cooperative activities should be conducted on the basis of the following principles:(a) promotion of a knowledge-based society for the benefit of the economic and social development of the two Parties;(b) mutual benefit based on an overall balance of advantages;(c) reciprocal access to activities under the scientific research and technological development programmes and projects (hereinafter research) undertaken by each Party in the fields covered by this Agreement;(d) timely exchange of information which may affect cooperative activities;(e) appropriate protection of intellectual property rights.Article 2Terms of cooperation1. Moroccan legal entities, both public and private, shall participate in indirect actions under the European Community Framework Programme for research, technological development and demonstration activities contributing towards the creation of the European Research Area, (hereinafter the Framework Programme), under the same conditions as those applicable to legal entities of Member States of the European Union, subject to the terms and conditions established by or referred to in Annexes I and II.2. Community legal entities shall participate in Morocco's research projects in fields equivalent to those of the Framework Programme under the same conditions as those applicable to Moroccan legal entities, subject to the terms and conditions established by or referred to in Annexes I and II.3. Cooperation may also take the following forms and means:(a) joint meetings;(b) regular discussions on the guidelines and priorities for research policies and planning in Morocco and in the Community;(c) exchanges of views and consultation on cooperation and development prospects;(d) timely provision of information concerning the implementation and results of joint research programmes and projects of Morocco and of the Community undertaken with the framework of this Agreement;(e) visits and exchanges of researchers, engineers and technicians, including for the purposes of research training;(f) exchanges and sharing of scientific equipment and materials;(g) regular contacts between Moroccan and Community research programme or project managers;(h) participation of experts of both Parties in thematic seminars, symposiums and workshops;(i) exchanges of information on practices, laws, regulations and programmes concerning cooperation under this Agreement;(j) reciprocal access to scientific and technical information concerned by this cooperation;(k) any other arrangement adopted by the EC-Morocco Joint Scientific and Technical Cooperation Committee referred to in Article 4, and in conformity with the policies and procedures applicable in both Parties.Article 3Enhancement of cooperation1. The Parties undertake to make every effort, within the framework of their respective legislation in force, to facilitate the free movement and establishment of researchers participating in the activities covered by this Agreement and to facilitate the entry into and exit from their territories of materials, data or equipment intended for use in these activities.2. Where, in accordance with its own rules, the European Community grants contract funding other than in the form of a repayable loan to a legal entity established in Morocco to participate in a Community indirect action, the Government of Morocco will ensure, in the framework of its legislation in force, that no fiscal charge or levy is imposed on the operations benefiting from such funding.Article 4Management of the Agreement1. The coordination and promotion of the activities covered by this Agreement will be carried out on behalf of Morocco by the government authority responsible for scientific research and on behalf of the Community by the services of the European Commission responsible for the Framework Programme acting as executive agents for the Parties (hereinafter the executive agents).2. The executive agents shall set up an EC-Morocco Joint Scientific and Technical Cooperation Committee with responsibility for:(a) monitoring the implementation and evaluating the impact of this Agreement, and propose any revisions to it which may be necessary, subject to the accomplishment by each Party of its own procedures for the purpose;(b) to propose any appropriate measure aimed at improving and developing scientific and technological cooperation under this Agreement;(c) regularly examining the guidelines and priorities of Moroccan and Community research policies and planning and the prospects for future cooperation under this Agreement.3. The EC-Morocco Joint Scientific and Technical Cooperation Committee shall be composed of an equal number of representatives of the executive agents of each Party. It shall adopt its rules of procedure.4. The EC-Morocco Scientific and Technical Cooperation Committee shall meet at least once a year in the Community and in Morocco alternately. Extraordinary meetings may be held at the request of either Party. The conclusions and recommendations of the EC-Morocco Scientific and Technical Cooperation Committee shall be sent, for information, to the Association Committee of the Euro-Mediterranean Agreement between the European Union and the Kingdom of Morocco.Article 5Terms and conditions of participationReciprocal participation in the research activities covered by this Agreement shall take place in accordance with the conditions set out in Annex I and shall be subject to the legislation, regulations, policies and conditions governing the implementation of the programmes in force on the territory of each Party.Article 6Dissemination and utilisation of results and informationThe dissemination and utilisation of the results of information acquired and/or exchanged, and the management, allocation and exercise of intellectual property rights arising from the research activities carried out under this Agreement shall be subject to the conditions set out in Annex II to this Agreement.Article 7Final provisions1. Annexes I and II shall form an integral part of this Agreement.All questions or disputes relating to the interpretation or implementation of this Agreement shall be settled by mutual agreement between the Parties.2. This Agreement shall enter into force on the date on which the Parties have notified each other in writing that their necessary procedures to this end have been completed.Every four years the Parties will evaluate the impact of the Agreement on the intensity of their scientific and technical cooperation.This Agreement may be amended or its scope enlarged by agreement between the Parties. Amendments or extensions shall enter into force on the date on which the Parties have notified each other in writing that the necessary procedures to this end have been completed.This Agreement may be terminated at any time by either Party with six months written notice.The projects and activities in progress at the time of any termination of this Agreement will continue until their completion under the conditions laid down in this Agreement, unless the two Parties decide otherwise.3. If one of the Parties decides to modify its research programmes or projects referred to in paragraph 1 of Article 1, the executive agent of that Party shall notify the executive agent of the other Party of the precise content of the amendments in question.In that event, and by way of derogation from subparagraph 2 of paragraph 2 of this Article, this Agreement may be terminated under mutually agreed conditions if either of the Parties notifies the other within one month of its intention to terminate this Agreement following the adoption of the amendments referred to in subparagraph 1.4. This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Kingdom of Morocco. This shall not exclude the carrying-out of cooperative activities on the high seas, in space, or on the territory of third countries in accordance with international law.5. This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Arabic languages, each of these texts being equally authentic.Hecho en Salónica el veintiséis de junio de dos mil tres./Udfærdiget i Thessaloniki, den seksogtyvende juni to tusind og tre./Geschehen zu Thessaloniki am sechsundzwanzigsten Juni zweitausenddrei./Έγινε στη Θεσσαλονίκη, στις είκοσι έξι Ιουνίου δύο χιλιάδες τρία./Done at Thessaloniki, twenty-sixth day of June, in the year two thousand and three./Fait à Thessalonique, le vingt-six juin deux mille trois./Fatto a Salonicco, addì ventisei giugno duemilatre./Gedaan te Thessaloniki, de zesentwintigste juni tweeduizenddrie./Feito em Salónica, em vinte e seis de Junho de dois mil e três./Tehty Thessalonikissa kahdentenakymmenentenäkuudentena päivänä kesäkuuta vuonna kaksituhattakolme./Som skedde i Thessaloniki den tjugosjätte juni tjugohundratre.>PIC FILE= "L_2004037EN.001101.TIF">Por la Comunidad Europea/For Det Europæiske Fællesskab/Für die Europäische Gemeinschaft/Για την Ευρωπαϊκή Κοινότητα/For the European Community/Pour la Communauté européenne/Per la Comunità europea/Voor de Europese Gemeenschap/Pela Comunidade Europeia/Euroopan yhteisön puolesta/På Europeiska gemenskapens vägnar>PIC FILE= "L_2004037EN.001201.TIF">>PIC FILE= "L_2004037EN.001202.TIF">>PIC FILE= "L_2004037EN.001203.TIF">>PIC FILE= "L_2004037EN.001204.TIF">(1) OJ L 232, 29.8.2002, p. 1.(2) OJ L 70, 18.3.2000, p. 2.ANNEX ITERMS AND CONDITIONS FOR THE PARTICIPATION OF LEGAL ENTITIES OF MEMBER STATES OF THE EUROPEAN UNION AND OF THE KINGDOM OF MOROCCOFor the purpose of this Agreement, a legal entity means any natural person, or any legal person created under the national law of its place of establishment or under Community law, having legal personality and being entitled to have rights and obligations of any kind in its own name.I. Terms and conditions for the participation of legal entities established in Morocco in indirect actions under the EC Research Framework Programme1. The participation of legal entities established in Morocco in indirect actions under the Framework Programme shall be in accordance with the participation rules laid down pursuant to Article 167 of the Treaty establishing the European Community for the implementation of the Framework Programme(1).In addition, legal entities established in Morocco may participate in indirect actions carried out under Article 164 of the Treaty establishing the European Community.2. The Community may grant funding to legal entities established in Morocco participating in the indirect actions referred to in paragraph 1 in accordance with the terms and conditions laid down by the participation rules referred to in paragraph 1 adopted by the European Parliament and the Council pursuant to Article 167 of the Treaty establishing the European Community, the financial regulations of the European Community and any other applicable Community legislation.3. A contract concluded by the Community with any legal entity established in Morocco participating in an indirect action must provide for audits and verifications to be carried out by, or under the authority of, the Commission or the Court of Auditors of the European Communities.In a spirit of cooperation and mutual interest, the relevant authorities of Morocco will provide any reasonable and feasible assistance as may be necessary or helpful to perform such audits and verifications.II. Terms and conditions for the participation of legal entities of Member States of the European Union in Morocco's research programmes and projects1. Any legal entity established in the European Community created under the national law of one of the Member States of the European Union or under European Community law may participate in Morocco's research and development projects or programmes in cooperation with legal entities established in Morocco.2. Subject to paragraph 1 and to Annex II, the rights and obligations of legal entities established in the Community participating in Morocco's research and development projects or programmes, the terms and conditions applicable to the submission and evaluation of proposals and the granting and conclusion of contracts shall be subject to Morocco's laws, regulations and government directives governing the operation of research and development programmes under the conditions applicable to legal entities established in Morocco, taking into account the nature of the cooperation between Morocco and the European Community in this field.Funding of legal entities established in the Community participating in Morocco's research and development projects and programmes shall be subject to Morocco's laws, regulations and government directives governing the operation of research and development programmes under the conditions applicable to legal entities of third countries participating in Morocco's research and development projects and programmes.3. Morocco will regularly inform the European Community and its own legal entities of opportunities for legal entities established in the European Community to participate in its research and development projects and programmes.(1) See the Sixth Framework Programme (2002-2006) Article 6 of Regulation (EC) 2321/2002 of the European Parliament and of the Council of 16 December 2002 (OJ L 355, 30.12.2002, p. 23).ANNEX IIPRINCIPLES CONCERNING THE ALLOCATION OF INTELLECTUAL PROPERTY RIGHTSI. ApplicationFor the purposes of this Agreement, "intellectual property" shall have the meaning given in Article 2 of the Convention establishing the World Intellectual Property Organisation, done at Stockholm on 14 July 1967.For the purposes of this Agreement, "knowledge" shall mean the results, including information, whether or not they can be protected, as well as copyrights or rights pertaining to such results following applications for, or the issue of patents, designs, plant varieties, supplementary protection certificates or similar forms of protection.II. Intellectual property rights of legal entities of the Parties1. Each Party shall ensure that the intellectual property rights of legal entities of the other Party participating in activities carried out pursuant to this Agreement and the related rights and obligations arising from such participation, shall be consistent with the relevant international conventions that are applicable to the Parties, including the TRIPS Agreement (Agreement on trade-related aspects of intellectual property Rights administered by the World Trade Organisation) as well as the Berne Convention (Paris Act 1971) and the Paris Convention (Stockholm Act 1967).2. Legal entities established in Morocco participating in an indirect action under the Framework Programme shall have the same rights and obligations with regard to intellectual property as legal entities established in the Community participating in the indirect action. These rights and obligations with regard to intellectual property are laid down in the rules for the dissemination of research results adopted pursuant to Article 167 of the Treaty establishing the European Community(1) and the contract concluded with the Community for the implementation of the indirect action, such rights and obligations being in compliance with paragraph 1.3. Legal entities established in the Community participating in Morocco's research programmes or projects shall have the same rights and obligations with regard to intellectual property as those of legal entities established in Morocco participating in such research programmes or projects, such rights and obligations being in compliance with paragraph 1.4. Each Party shall ensure that the legal entities which it represents takes all necessary steps to define and protect their intellectual property rights.III. Intellectual property rights of the Parties1. Except if otherwise specifically agreed by the Parties, the following rules shall apply to knowledge generated by the Parties in the course of activities carried out under Article 2(3) of this Agreement:(a) the Party generating such knowledge shall be the owner of that knowledge. Where the knowledge has been generated jointly and the two Parties' respective share of the work cannot be ascertained, they shall have joint ownership of such knowledge;(b) the Party owning the knowledge shall grant access rights to it to the other Party for carrying out activities referred to in Article 2(3) of this Agreement. Such access rights shall be granted on a royalty-free basis.2. Except if otherwise specifically agreed by the Parties, the following rules shall apply to scientific literary works of the Parties:(a) where a Party publishes scientific and technical data, information and results by means of journals, articles, reports, books, including video and software, arising and relating to activities carried out pursuant to this Agreement, a worldwide, non-exclusive, irrevocable, royalty-free licence shall be granted to the other Party to translate, reproduce, adapt, transmit and publicly distribute such works;(b) all copies of data and information protected by copyright prepared in this context for public distribution shall indicate the names of the author(s) of the work unless an author explicitly declines to be named. They shall also bear a clearly visible acknowledgement of the cooperative support of the Parties.3. Except if otherwise specifically agreed by the Parties, the following rules shall apply to undisclosed information of the Parties:(a) when communicating to the other Party information necessary for the activities carried out pursuant to this Agreement, each Party shall identify that information it wishes to remain undisclosed;(b) the Party receiving the information may, under its own responsibility, communicate undisclosed information to entities or persons under its authority for the specific purposes of implementing this Agreement;(c) with the prior written consent of the Party providing undisclosed information, the other Party may disseminate such undisclosed information more widely than otherwise permitted in paragraph 3(b). The Parties shall cooperate in developing procedures for requesting and obtaining prior written consent for such wider dissemination, and each Party will provide such approval to the extent permitted by its domestic policies, regulations and laws;(d) non-documentary undisclosed or other confidential information provided in seminars and other meetings between representatives of the Parties arranged under this Agreement, or information arising from the attachment of staff, use of facilities or the carrying-out of indirect actions, shall remain confidential where the recipient of such undisclosed or other confidential or privileged information was made aware of the confidential character of the information communicated at the time such communication was made, according to paragraph 3(a);(e) each Party shall endeavour to ensure that undisclosed information received by it under paragraph 3(a) and 3(d) is controlled as provided herein. If one of the Parties becomes aware that it will be, or may be reasonably expected to become, unable to meet the non-dissemination provisions laid down in paragraph 3(a) and 3(d), it shall immediately inform the other Party. The Parties shall thereafter consult to define an appropriate course of action.(1) See the Sixth Framework Programme (2002-2006) Article 6 of Regulation (EC) 2321/2002 of the European Parliament and of the Council (OJ L 355, 30.12.2002, p. 23).

Summary: Scientific and technological cooperation between the EU and Morocco Scientific and technological cooperation between the EU and Morocco SUMMARY OF: Agreement on scientific and technical cooperation between the European Community and the Kingdom of Morocco Decision 2004/126/EC — conclusion of the scientific and technological cooperation agreement between the European Community and the Kingdom of Morocco WHAT IS THE AIM OF THE AGREEMENT AND OF THE DECISION? The agreement establishes a formal framework for cooperation, aiming at encouraging, developing and facilitating activities in the areas of science and technology. By its decision, the Council approved the conclusion of the agreement on behalf of the European Community (now the EU). KEY POINTS Activities conducted under the agreement are based on a set of principles: promotion of a knowledge-based society for the benefit of the economic and social development of the parties; mutual benefit based on an overall balance of advantages; reciprocal access for participants of research programmes and projects undertaken by each party; timely exchange of information; protection of intellectual property rights. Cooperation The agreement covers a range of indirect cooperative activities between legal entities* established in Morocco and the EU through the participation of Moroccan legal entities in the EU Framework Programme for Research and Innovation and the reciprocal participation of legal entities established in the EU in Moroccan research programmes or projects subject to terms and conditions established by or referred to in Annex I and II of the agreement. Cooperation may also take the following forms and means: joint meetings; regular discussions on the guidelines and priorities for research policies and planning in Morocco and in the EU; exchanges of views and consultation on cooperation and development prospects; the timely sharing of information concerning the implementation and results of joint research programmes and projects carried out under this agreement; visits and exchanges of researchers, engineers and technicians, including for the purposes of research training; exchanges and sharing of scientific equipment and materials; regular contacts between Moroccan and EU research programme or project managers; participation of experts of both parties in thematic seminars, symposiums and workshops; exchanges of information on practices, laws, regulations and programmes concerning cooperation under this agreement; reciprocal access to scientific and technical information relevant to this cooperation; any other arrangement adopted by the EU-Morocco Joint Scientific and Technical Cooperation Committee. DATE OF ENTRY INTO FORCE The agreement entered into force on 14 March 2005 for an indefinite period. It may be terminated at any time by either party with 6 months’ written notice. BACKGROUND Relations between the EU and Morocco are governed principally by the Euro-Mediterranean Agreement establishing an association between the European Communities (now the EU) and their Member States, of the one part, and the Kingdom of Morocco, of the other part (see summary here). For more information, see: Morocco and the EU (European External Action Service). For further information about Research and Innovation (R&I) cooperation with Morocco, see: International R&I cooperation with Morocco (European Commission). Roadmap for EU Southern Neighbourhood S&T cooperation (European Commission). KEY TERMS Legal entities: companies, organisations and individuals which have legal rights and obligations. MAIN DOCUMENTS Agreement on scientific and technical cooperation between the European Community and the Kingdom of Morocco (OJ L 37, 10.2.2004, pp. 9-15) Council Decision 2004/126/EC of 22 December 2003 on the conclusion of the Agreement on scientific and technological cooperation between the European Community and the Kingdom of Morocco (OJ L 37, 10.2.2004, p. 8) RELATED DOCUMENTS Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part — Protocol 1 on the arrangements applying to imports into the Community of agricultural products originating in Morocco — Protocol 2 on the arrangements applying to imports into the Community of fishery products originating in Morocco — Protocol 3 on the arrangements applying to imports into Morocco of agricultural products originating in the Community — Protocol 4 concerning the definition of originating products and methods of administrative cooperation — Protocol 5 on mutual assistance in customs matters between the administrative authorities — Final Act — Joint Declarations — Agreements in the form of an Exchange of Letters — Declaration by the Community — Declarations by Morocco (OJ L 70, 18.3.2000, pp. 2-204) Successive amendments to the agreement have been incorporated into the original document. This consolidated version is of documentary value only. last update 25.10.2019