EU secrecy law (feature)
01 January 1994
The full details of the plan to introduction a EU secrecy "code" covering justice and internal affairs (Title VI of the Treaty of Union the Maastricht Treaty) set out a blueprint for a EU official secrets law. The "code of conduct" agreed at the meeting of the EU General Affairs Committee on 6 December, covered in the last issue of Statewatch, set out the broad policy. The detailed proposal involves: the vetting of 370 members of staff at the EU Council HQ in Brussels and the classification of documents. The effect will be to ensure that no documents on foreign policy, policing (including Europol) or immigration are released before all 12 governments are collectively committed to specific policies. The opportunity for the European or national parliaments to reject or even amend policies in these fields is not on the agenda.
The proposal is accompanied by an "Internal note", from the General Secretariat of the Council, who sets out staff who "will need security screening". The list totals 370 staff broken down as follows: Secretary General and private office: 6 staff; Legal service, including lawyers and translators 58 staff; Directorate-General A (Personnel), 3 in Secretariat, 134 translation and document production, 57 in the security service ("whole service"), 12 in Conference services; Directorate-General E (Foreign Policy and External Relations), 45 in CFSP (Common foreign and security policy whole unit), 35 in the Community unit (first pillar policy areas); new Directorate-General (Home and Justice affairs), 20 staff.
The fourth revision of the proposal was discussed on 31 January, together with its accompanying implementing measures. The proposal starts with the statement that it is "indispensable" to adopt measures "to ensure the secrecy and confidentiality of the proceedings of the Council" covering Titles V and VI. It then proceeds to say that this "shall have no effect on the measures adopted by the Council on public access to Council and Commission documents".
Structure: a Committee on Security Measures will be set up with a representative from each member state, plus the Secretary General and the Commission "may also be invited to attend" (Article 3.2). There will also be a Classified-Information Office responsible for registering, reproducing, translating, dispatching and destroying classified documents. It will keep a register of all classified documents, and the register itself will be classified "secret". The Security Department will be responsible for physical protection measures, "investigating infringements", and "destroying classified information". Each department will also have a "security correspondent".
Vetting: the purpose of vetting or "screening" as it is termed is to "ascertain that an official or other servant provides the necessary guarantees to be allowed access to classified information" (8.1). A three-page "Personal Report" form will be the basis for vetting. It includes details of nationality, marital status, children, periods of more than six weeks outside the EU, fathers, mothers, brothers and sisters, and spouse whether divorced or not (plus their father, mother, brothers and sisters) plus "other people living in the same household". The vetting is to be referred back to the security service of each member state (in the event of "a negative opinion" the Secretary- General "may request additional explanations before making a decision"). No appeal mechanism is provided for.
Documents: The security procedure for documents include all the paraphernalia of counter-espionage. The classification of a document will be "determined by its content", and no official may classify information without the agreement of his (sic) hierarchical superior . Their grading will be decided by the effect "unauthorised disclosure" would have: top secret: exceptional serious consequences ; secret: "serious consequences"; confidential: "detrimental"; restricted: inappropriate or prem