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EU: STATE-BUILDING: Council of the European Union: Council Decision on the security rules for protecting EU classified information

01 March 2011

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EU: STATE-BUILDING: Council of the European Union: Council Decision on the security rules for protecting EU classified information (EU doc no: 6952/11, pdf). See also: Attached Declarations (pdf)

There are concerns that the content of the Council INTERNAL rules should be founded on a more sound legal basis (Art. 15 TFUE) as far as it intend to establish a general standard (see the Council Commission declaration as well the Members States declaration) and not simply the Council's management of internal classified documents.

Includes the classification: "Restricted" which is defined as: "This marking is applied to information and material the unauthorised disclosure of which could be disadvantageous to the interests of the European Union or of one or more of the Member States." (emphasis added). There is always the temptation open to officials to push a "LIMITE" document, which is not a classified document, up to the "RESTRICTED" level to deny access as this could be "disadvantageous" and lead to a public debate.

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