1.   In order to fulfil the objectives of strengthening the security of each of the Parties in all ways, the Agreement between the EU and the Republic of Serbia on security procedures for exchanging and protecting classified information (hereinafter ‘the Agreement’) shall apply to classified information or material in any form and in any field either provided or exchanged between the Parties.

2.   Each Party shall protect classified information received from the other Party from unauthorised disclosure in accordance with the terms set forth herein and in accordance with the Parties’ respective laws and regulations.

1.   Classified information shall be disclosed or released in accordance with the principle of originator consent.

2.   For release to recipients other than the Parties, a decision on disclosure or release of classified information will be made by the receiving Party on a case-by-case basis subject to the consent of the providing Party and in accordance with the principle of originator consent.

3.   No generic release shall be possible unless procedures are agreed between the Parties regarding certain categories of information, relevant to their specific requirements.

4.   Nothing in this Agreement shall be regarded as a basis for mandatory release of classified information between the Parties.

5.   Classified information received from the providing Party may be provided to a contractor or prospective contractor only with the prior written consent of the providing Party. Prior to such release, the receiving Party shall ensure that the contractor or prospective contractor and the contractor’s facility are able to protect the information and have an appropriate clearance.

1.   The Parties shall ensure that all persons who, in the conduct of their official duties require access, or whose duties or functions may afford access, to information classified CONFIDENTIEL UE, ПОΒΕРЉИВО РС or POVERLJIVO RS, or above, provided or exchanged under this Agreement are security-cleared as appropriate before they are granted access to such information.

2.   The security clearance procedures shall be designed to determine whether an individual may, taking into account his or her loyalty, trustworthiness and reliability, have access to classified information.

1.   For the purpose of this Agreement:

2.   However, correspondence from one Party which is accessible only to specific competent officials, organs or services of that Party may, for operational reasons, be addressed and be accessible only to specific competent officials, organs or services of the other Party specifically designated as recipients, taking into account their competencies and according to the need-to-know principle. As far as the EU is concerned, such correspondence shall be transmitted through the Chief Registry Officer of the Council, the Chief Registry Officer of the European Commission or the Chief Registry Officer of the EEAS, as appropriate. As far as the Republic of Serbia is concerned, such correspondence shall be transmitted through the Chief Registry Officer of the Mission of the Republic of Serbia to the EU.

1.   In order to implement this Agreement, security arrangements shall be established between the three authorities designated below, each acting under the direction and on behalf of its organisational superiors, in order to lay down the standards for the reciprocal protection of classified information subject to this Agreement:

2.   Before classified information is provided or exchanged between the Parties under this Agreement, the competent security authorities referred to in paragraph 1 shall agree that the receiving Party is able to protect the information in a way consistent with the security arrangements to be established pursuant to that paragraph.

1.   The competent authority of either Party referred to in Article 12 shall immediately inform the competent authority of the other Party of any proven or suspected cases of unauthorised disclosure or loss of classified information provided by that Party, and shall conduct an investigation and shall report the results to the other Party.

2.   The competent authorities referred to in Article 12 shall establish procedures to be followed in such cases.

1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.

2.   Each Party shall notify the other Party of any changes in its laws and regulations that could affect the protection of classified information referred to in this Agreement.

3.   This Agreement may be reviewed for consideration of possible amendments at the request of either Party.

4.   Any amendment to this Agreement shall be made in writing only and by common agreement of the Parties. It shall enter into force upon mutual notification as provided under paragraph 1.