11957A024

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ARTICLE 24

INFORMATION WHICH THE COMMUNITY ACQUIRES AS A RESULT OF CARRYING OUT ITS RESEARCH PROGRAMME , AND THE DISCLOSURE OF WHICH IS LIABLE TO HARM THE DEFENCE INTERESTS OF ONE OR MORE MEMBER STATES , SHALL BE SUBJECT TO A SECURITY SYSTEM IN ACCORDANCE WITH THE FOLLOWING PROVISIONS :

1 . THE COUNCIL SHALL , ACTING ON A PROPOSAL FROM THE COMMISSION , ADOPT SECURITY REGULATIONS WHICH , ACCOUNT BEING TAKEN OF THE PROVISIONS OF THIS ARTICLE , LAY DOWN THE VARIOUS SECURITY GRADINGS TO BE APPLIED AND THE SECURITY MEASURES APPROPRIATE TO EACH GRADING .

2 . WHERE THE COMMISSION CONSIDERS THAT THE DISCLOSURE OF CERTAIN INFORMATION IS LIABLE TO HARM THE DEFENCE INTERESTS OF ONE OR MORE MEMBER STATES , IT SHALL PROVISIONALLY APPLY TO THAT INFORMATION THE SECURITY GRADING REQUIRED IN THAT CASE BY THE SECURITY REGULATIONS .

IT SHALL COMMUNICATE SUCH INFORMATION FORTHWITH TO THE MEMBER STATES , WHICH SHALL PROVISIONALLY ENSURE ITS SECURITY IN THE SAME MANNER .

MEMBER STATES SHALL INFORM THE COMMISSION WITHIN THREE MONTHS WHETHER THEY WISH TO MAINTAIN THE GRADING PROVISIONALLY APPLIED , SUBSTITUTE ANOTHER OR DECLASSIFY THE INFORMATION .

UPON THE EXPIRY OF THIS PERIOD , THE HIGHEST GRADING OF THOSE REQUESTED SHALL BE APPLIED . THE COMMISSION SHALL NOTIFY THE MEMBER STATES ACCORDINGLY .

AT THE REQUEST OF THE COMMISSION OR OF A MEMBER STATE , THE COUNCIL MAY , ACTING UNANIMOUSLY , AT ANY TIME APPLY ANOTHER GRADING OR DECLASSIFY THE INFORMATION . THE COUNCIL SHALL OBTAIN THE OPINION OF THE COMMISSION BEFORE TAKING ANY ACTION ON A REQUEST FROM A MEMBER STATE .

3 . THE PROVISIONS OF ARTICLES 12 AND 13 SHALL NOT APPLY TO INFORMATION SUBJECT TO A SECURITY GRADING .

NEVERTHELESS , PROVIDED THAT THE APPROPRIATE SECURITY MEASURES ARE OBSERVED ,

( A ) THE INFORMATION REFERRED TO IN ARTICLES 12 AND 13 MAY BE COMMUNICATED BY THE COMMISSION :

( I ) TO A JOINT UNDERTAKING ;

( II ) TO A PERSON OR UNDERTAKING OTHER THAN A JOINT UNDERTAKING , THROUGH THE MEMBER STATE IN WHOSE TERRITORY THAT PERSON OR UNDERTAKING OPERATES ;

( B ) THE INFORMATION REFERRED TO IN ARTICLE 13 MAY BE COMMUNICATED BY A MEMBER STATE TO A PERSON OR TO AN UNDERTAKING OTHER THAN A JOINT UNDERTAKING , OPERATING IN THE TERRITORY OF THAT STATE , PROVIDED THAT THE COMMISSION IS NOTIFIED OF THIS COMMUNICATION ;

( C ) EACH MEMBER STATE HAS , MOREOVER , THE RIGHT TO REQUIRE THE COMMISSION TO GRANT A LICENCE UNDER ARTICLE 12 TO MEET THE NEEDS OF THAT STATE OR THOSE OF A PERSON OR UNDERTAKING OPERATING IN ITS TERRITORY .