Article 38 Responsibility for downgrading and declassifying

CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET information shall not be downgraded or declassified without the permission of the originator.

The Commission department that creates a classified document shall be responsible for deciding whether it can be downgraded or declassified. Within the Commission, all requests for downgrading and declassifying shall be subject to consultation of the Head of Unit or Director of the originating department. If the department has compiled classified information from various sources it shall first seek the consent of any other parties that provided source material, including in Member States, other EU bodies, third countries or international organisations.

Where the originating Commission department no longer exists and its responsibilities have been taken on by another service, the decision on downgrading and declassifying shall be taken by this service. Where the originating department no longer exists and its responsibilities have not been taken on by another service, the decision to downgrade or declassify shall be taken jointly by the Heads of Unit or Directors of the recipient Directorates-General.

The department responsible for downgrading or declassifying shall work with its respective registry on the practical arrangements for carrying out downgrading or declassification.