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Decision (EU) 2016/2387 of the General Court of 14 September 2016 concerning the security rules applicable to information or material produced in accordance with Article 105(1) or (2) of the Rules of Procedure

EU Decision 2016/2387 · Adopted 14 September 2016 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Decision (EU) 2016/2387 of the General Court

of 14 September 2016

concerning the security rules applicable to information or material produced in accordance with Article 105(1) or (2) of the Rules of Procedure

THE GENERAL COURT

Having regard to the Rules of Procedure, and in particular Article 105(11) thereof,

Whereas:

(1)

In accordance with Article 105(1) and (2) of the Rules of Procedure, a main party to the proceedings may, on his own initiative or following a measure of inquiry ordered by the General Court, produce information or material pertaining to the security of the European Union or to that of one or more of its Member States or to the conduct of their international relations. Article 105(3) to (10) of those Rules lays down the procedural rules applicable to such information or material.

(2)

In view of the sensitive, confidential nature of the information or material concerned, the application of the body of rules established by Article 105 of the Rules of Procedure requires a suitable security framework to be set up in order to ensure a high level of protection for that information or material.

(3)

To this end, the security framework must be applied to all information or material produced in accordance with Article 105(1) or (2) of the Rules of Procedure if it is European Union classified information or if the main party producing it has indicated that to communicate it to the other main party would harm the security of the Union or of its Member States or the conduct of their international relations, even when that information or material is not European Union classified information.

(4)

In order to guarantee a high level of protection for that information or for that material, the fundamental principles and minimum security rules for the protection of that information or material are based on those applicable for the protection of SECRET UE/EU SECRET classified information according to the rules of the EU institutions on the protection of European Union classified information (EUCI), in particular those adopted by the Council of the European Union, the European Parliament and the European Commission.

(5)

Information or material produced in accordance with Article 105(1) or (2) of the Rules of Procedure shall be given a mark specific to the Court of Justice of the European Union, called ‘FIDUCIA’, which is to determine the security rules applicable to it throughout proceedings before the General Court and, in the event of an appeal, before the Court of Justice. The affixing and removing of this marking shall have no consequences for the classification of information communicated to the General Court.

(6)

Access to FIDUCIA information shall be provided in accordance with the need-to-know principle,

HAS DECIDED:

Contents

  1. 1Definitions
  2. 2Purpose and scope
  3. 3Rules governing lodging and return
  4. 4FIDUCIA marking
  5. 5Protection of FIDUCIA information
  6. 6Security risk management
  7. 7Personnel security measures
  8. 8Physical security
  9. 9Management of FIDUCIA information
  10. 10Protection of FIDUCIA information handled electronically
  11. 11Security in the event of external action
  12. 12No digital transmission, communication or exchange of FIDUCIA information
  13. 13Breaches of security and compromise of FIDUCIA information
  14. 14Organisation of security within the General Court
  15. 15Practice rules for implementation
  16. 16Entry into force
  17. Signature
  18. Annex I: PERSONNEL SECURITY MEASURES
  19. 1Division 1
  20. 2Division 2
  21. 3Division 3
  22. 4Division 4
  23. 5Division 5
  24. 6Division 6
  25. 7Division 7
  26. 8Division 8
  27. 9Division 9
  28. 10Division 10
  29. 11Division 11
  30. 12Division 12
  31. Annex II: PHYSICAL SECURITY
  32. INTRODUCTION
  33. 1Division 1
  34. 2Physical security measures shall be designed to prevent unauthorised access to FIDUCIA information by:
  35. 3Physical security measures shall be chosen in the light of an appraisal of the threats posed to FIDUCIA information. These measures shall take into consideration the environment and structure of the FIDUCIA office premises. The security authority shall determine the degree of security to be attained for every one of the following physical measures:
  36. PREMISES IN WHICH FIDUCIA INFORMATION IS STORED AND CONSULTED
  37. Creation of physically protected premises for storage and consultation
  38. 4Division 4
  39. 5Division 5
  40. 6Division 6
  41. 7Division 7
  42. Access to storage and consultation premises
  43. 8Division 8
  44. 9Division 9
  45. 10Division 10
  46. 11Division 11
  47. 12Division 12
  48. CONTROL OF KEYS AND COMBINATIONS USED TO PROTECT FIDUCIA INFORMATION
  49. 13Division 13
  50. 14Combination settings shall be committed to memory by the smallest possible number of persons needing to know them. Combination settings for security containers storing FIDUCIA information shall be changed;
  51. 15Division 15
  52. 16Division 16
  53. 17Division 17
  54. Annex III: MANAGEMENT OF FIDUCIA INFORMATION
  55. INTRODUCTION
  56. 1Division 1
  57. REGISTER OF FIDUCIA INFORMATION
  58. 2Division 2
  59. REGISTRATION OF FIDUCIA INFORMATION
  60. 3Division 3
  61. 4Division 4
  62. 5Division 5
  63. 6Division 6
  64. 7Division 7
  65. MANAGEMENT OF FIDUCIA INFORMATION
  66. Marking
  67. 8Division 8
  68. 9Division 9
  69. Creation of FIDUCIA information
  70. 10Division 10
  71. 11Division 11
  72. 12Division 12
  73. Removal of the FIDUCIA mark
  74. 13FIDUCIA information shall lose its mark in two cases:
  75. 14Division 14
  76. 15Division 15
  77. COPIES OF FIDUCIA INFORMATION
  78. 16Division 16
  79. 17Division 17
  80. DESTRUCTION OF FIDUCIA INFORMATION
  81. 18Division 18
  82. 19Division 19
  83. 20Division 20
  84. 21Division 21
  85. 22Division 22
  86. Annex IV: PROTECTION OF FIDUCIA INFORMATION HANDLED ELECTRONICALLY
  87. 1Division 1
  88. 2Division 2
  89. 3Division 3
  90. 4Division 4
  91. 5Division 5
  92. 6Division 6
  93. 7Division 7
  94. Annex V: SECURITY IN THE EVENT OF EXTERNAL ACTION
  95. 1Division 1
  96. 2Division 2
  97. 3Division 3
  98. 4Division 4
  99. 5Division 5
  100. 6Division 6