47 Amendments of Daniel FREUND related to 2022/0084(COD)
Amendment 64 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 69 #
Proposal for a regulation
Recital 16
Recital 16
(16) The substantive rules regarding access to EUCI in the internal rules of various Union institutions and bodies are currently aligned, but there are significant differences as regards denominations and required procedures. This creates a burden for the National Security Authorities of the Member States who need to adjust to different requirements. Thus it is necessary to provide for a common glossary and common procedures in the area of personnel security, thereby simplifying cooperation with the National Security Authorities of the Member States and limiting the risk of compromising EUCI.
Amendment 71 #
Proposal for a regulation
Recital 20
Recital 20
(20) Originator control is an important principle in the EUCI management, therefore it needs to be clearly stipulated and developedtaken into account. In that regard, the creation of EUCI confers to the originator a responsibility which should cover the entirat the beginning of the life cycle of the relevant EUCI document.
Amendment 76 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Regulation is without prejudice to Regulation (EC) 1049/2001 of the European Parliament and of the Council. Nothing in this Regulation, in particular the provisions on EUCI, may be used to restrict the right of access to documents of the Union institutions, bodies, offices and agencies beyond the applicable legislation on such access.
Amendment 80 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) three levels of non-classified information: public use, normal and sensitiveprotected non-classified; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 81 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) fourthree levels of EU classified information: RESTREINT UE/EU RESTRICTED, CONFIDENTIEL UE/EU CONFIDENTIAL, SECRET UE/EU SECRET, TRES SECRET UE/EU TOP SECRET. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 84 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Non-compliance with this Regulation, in particular the unauthorised disclosure of information with the confidentiality levels referred to in Article 2(2), except information for public use shall be subject to investigation and may trigger personnel liability in accordance with the Treaties or with their relevant staff rules with due regard to the provisions on the disclosure of facts which give rise to a presumption of the existence of possible illegal activity, including fraud or corruption, detrimental to the interests of the Union, or of conduct relating to the discharge of professional duties which may constitute a serious failure to comply with the professional obligations, as well as the protection of persons who report breaches of Union law.
Amendment 104 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 109 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Where required, Union institutions and bodies shall use the markings provided for in Articles 12, 13 and 14. Exceptionally, other equivalent markings may be used internally and in relation with their particular counterparts from other Union institutions and bodies or from the Member States, when all parties agree. Such exception shall be notified to the sub-group on non-classified information, as referred to in Article 7(1), point (b).
Amendment 111 #
Proposal for a regulation
Article 18 – paragraph 1 – point d
Article 18 – paragraph 1 – point d
Amendment 119 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Union institutions and bodies shall take into account the loyalty, trustworthiness and reliability of an individual as determined by means of a security investigation conducted by the Commission in cooperation with the competent authorities of the relevant Member State of which the applicant is a citizen or a nationals. The Commission may also cooperate with third countries and international organisations with which the Union has a security of information agreement.
Amendment 120 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 122 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 2
Article 23 – paragraph 4 – subparagraph 2
Amendment 123 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
Amendment 124 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 127 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Any Union institution and body which is the originator of EUCI shall determine the initial security classification of that information upon its creation and in accordance with Article 18(1).
Amendment 129 #
Proposal for a regulation
Article 32 – title
Article 32 – title
Originator controlsent
Amendment 131 #
Proposal for a regulation
Article 32 – paragraph 1 – introductory part
Article 32 – paragraph 1 – introductory part
1. The Union institution or body under whose authority an EUCI document classified CONFIDENTIEL UE/EU- CONFIDENTIAL or higher is created shall have originator controlsent right over that document. The originator shall determine the initial classification level of the document and shall be responsible for its initial dissemination. Without prejudice to Regulation 1049/2001, the originator’s prior written consent shall be obtainedThe originator’s prior written consent shall be obtained if necessary in order to protect essential interests of the European Union or of one or more of its Member States in the area of public security, defence and military matters, international relations or the financial, monetary or economic policy, before the information is:
Amendment 133 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Where the originator of an EUCI document cannot be identified, the Union institution or body holding that classified information shall exercise originator controlsent.
Amendment 134 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Information shall be classified only for as long as it requires protection. EUCI that no longer needs the original classification shall be downgraded to a lower level. EUCI that no longer needs to be considered as classified at all shall be declassified. Any classification shall be reviewed at the latest one year after the document’s creation and every year afterwards. In case of documents that concern an ongoing legislative process, this review shall be done no later than two months after the document’s creation and every two months afterwards.
Amendment 136 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. At the time of creation of EUCI, the originator shall indicate, where possible, and in particular for information classified RESTREINT UE/EU RESTRICTED, whether the EUCI can be downgraded or declassified on a given date or following a specific event.
Amendment 137 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. The originatingEach Union institution or body shall be responsible for deciding whether a EUCI document can be downgraded or declassified. It shall review the information and assess the risks regularly and at least every 5 years in order to determine whether the original classification level is still appropriate.
Amendment 138 #
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
The operational details of emergency evacuation and destruction plans shall themselves be classified as RESTREINT UE/EU RESTRICTED.
Amendment 141 #
Proposal for a regulation
Article 39 a (new)
Article 39 a (new)
Article39a Disputes 1. In the event of any doubt as to the protected nature of information or its appropriate level of classification, the Union institutions and bodies shall consult each other without delay and before transmission of the information. In the event of a disagreement, the matter shall be referred to the Presidents of the Institutions or bodies so that they may resolve the dispute. 2. If, at the end of the procedure referred to in paragraph 1, no agreement has been reached, the refusal to revise the protected nature of information or its appropriate level of classification shall be subject to review of its legality in accordance with Article 263 TFEU.
Amendment 155 #
Proposal for a regulation
Article 56 – paragraph 1 – point a
Article 56 – paragraph 1 – point a
(a) the Union institution or body concerned needs to exchange, on a long- term basis information classified, as a general rule, no higher than RESTREINT UE/EU RESTRICTEDCONFIDENTIEL UE/EU CONFIDENTIAL with its counterpart in a third country or international organisation;
Amendment 160 #
Proposal for a regulation
Annex I – point 1
Annex I – point 1
1. Documents containing sensitive non-classified information must be marked using a security marking and, where relevant, one or more distribution marking or markings specifying the target audience as appropriate. The standard security marking shall be the word ‘SENSITIVEPROTECTED’ in upper case, except in cases referred to in Article 15(2).
Amendment 161 #
Proposal for a regulation
Annex I – point 4
Annex I – point 4
4. Documents marked SENSITIVEPROTECTED are downgraded to EU NORMAL or PUBLIC USE, through the removal or striking of the markings.
Amendment 162 #
Proposal for a regulation
Annex II – paragraph 1 – point 1
Annex II – paragraph 1 – point 1
1) 1) ‘personnel Security Clearance’ or ‘PSC’ means a statement by a relevant authority of a Member Statethe Commission which is made following completion of a security investigation conducted by the competent authorityCommission in cooperation with the competent authorities of the relevant Member States and which certifies that an individual may be granted access to EUCI up to a specified level (CONFIDENTIEL UE/EU CONFIDENTIAL or higher) and for a set period of time;
Amendment 163 #
Proposal for a regulation
Annex II – paragraph 1 – point 2
Annex II – paragraph 1 – point 2
2) ‘personnel Security Clearance Certificate’ means a certificate issued by a competent authoritythe Commission establishing that an individual holds a valid security clearance, or equivalent, or a security authorisation and that shows the level of EUCI to which that individual may be granted access (CONFIDENTIEL UE/EU CONFIDENTIAL or higher), the period of validity of the relevant security clearance or authorisation and the date of expiry of the certificate itself.
Amendment 164 #
Proposal for a regulation
Annex II – point 1
Annex II – point 1
1. The Security Authority of the Union institution and body concerned must seek the written consent of the individual for the security clearance procedure before sending a completed security clearance questionnaire to the National Security Authority of the Member State of nationality of the applicantCommission.
Amendment 165 #
Proposal for a regulation
Annex II – point 2
Annex II – point 2
2. Where information relevant to a security investigation becomes known to a Union institution or body, concerning an individual who has applied for a security clearance for access to EUCI, the competent Security Authority, acting in accordance with this Regulation, must notify the relevant National Security AuthorityCommission thereof.
Amendment 166 #
Proposal for a regulation
Annex II – point 3 – introductory part
Annex II – point 3 – introductory part
3. Following notification of the relevant National Security AuthorityCommission’s overall assessment of the findings of the security investigation, the competent Security Authority:
Amendment 167 #
Proposal for a regulation
Annex II – point 4
Annex II – point 4
4. Where the individual starts service 12 months or more after the date of the notification of the result of the security investigation, or when there is a break of 12 months in the individual’s service, the competent Security Authority must seek confirmation from the relevant National Security AuthorityCommission about the validity of the security clearance.
Amendment 168 #
Proposal for a regulation
Annex II – point 5
Annex II – point 5
5. Where information concerning a security risk posed by an individual who has authorisation to access EUCI becomes known to the Union institution or body concerned, the Security Authority of that Union institution or body must notify the relevant National Security AuthorityCommission thereof and may suspend the individual’s access to EUCI or withdraw authorisation to access EUCI.
Amendment 169 #
Proposal for a regulation
Annex II – point 6
Annex II – point 6
6. Where an National Security Authoritythe Commission notifies the relevant Union institution or body that there is no longer assurance for an individual who has access to EUCI, the Security Authority of the Union institution or body concerned must withdraw its security authorisation and exclude the individual from access to EUCI in accordance with its relevant internal rules.
Amendment 170 #
Proposal for a regulation
Annex II – point 8 – paragraph 1
Annex II – point 8 – paragraph 1
The Security Authority of the Union institution and body concerned may extend the validity of an authorisation to access EUCI for a period of up to 12 months, where no adverse information has been received from the relevant National Security Authority or other competent national authorityCommission within a period of 2 months from the date of transmission of the request for renewal and the corresponding clearance questionnaire.
Amendment 171 #
Proposal for a regulation
Annex II – point 10
Annex II – point 10
10. The Security Authority of the Union institution or body concerned may exceptionally grant temporary authorisation to access EUCI provided that the cCompetent National Security Authoritymission has conducted a preliminary check, based on the completed and transmitted security questionnaire, to verify that no relevant adverse information is known.
Amendment 172 #
Proposal for a regulation
Annex II – point 13
Annex II – point 13
13. All Union institutions and bodies must ensure that national experts seconded to them for a position requiring security clearance present, prior to taking up their assignment, a valid Personnel Security Clearance or Personnenational Ssecurity Cclearance Certificate, according to national law and regulations, to the competent Security Authority. Provided that the requirements referred to in Article 23(1) are met, the Security Authority may then grant an authorisation to access EUCI up to the level equivalent to the one referred to in the national security clearance, with a maximum validity not longer than the duration of their assignment.
Amendment 173 #
Proposal for a regulation
Annex III – point 8
Annex III – point 8
Amendment 174 #
Proposal for a regulation
Annex III – point 9
Annex III – point 9
Amendment 175 #
Proposal for a regulation
Annex III – point 10
Annex III – point 10
Amendment 176 #
Proposal for a regulation
Annex IV – point 8
Annex IV – point 8
8. RESTREINT UE/EU RESTRICTED information must be carried in at least one layer of opaque packaging, such as envelopes, opaque folders or a briefcase. Information classified CONFIDENTIEL UE/EU CONFIDENTIAL or higher must be carried in two layers of opaque packaging.
Amendment 177 #
Proposal for a regulation
Annex IV – point 10
Annex IV – point 10
10. Commercial couriers may convey information classified RESTREINT UE/EU RESTRICTED and CONFIDENTIEL UE/EU CONFIDENTIAL within a Member State and from one Member State to another. Commercial couriers may deliver SECRET UE/EU SECRET information only within a Member State and provided that they are approved by the relevant National Security Authority. No EUCI at TRES SECRET UE/EU TOP SECRET level can be entrusted to a commercial courier.
Amendment 178 #
Proposal for a regulation
Annex V – point 18
Annex V – point 18
Amendment 179 #
Proposal for a regulation
Annex V – point 22
Annex V – point 22
Amendment 180 #
Proposal for a regulation
Annex V – point 24
Annex V – point 24
Amendment 181 #
Proposal for a regulation
Annex V – point 26
Annex V – point 26