Interinstitutional Agreement of 20 November 2002 between the European Parliament and the Council on access by the European Parliament to sensitive Information of the Council in the field of security and defence policy (2002/C 298/01)THE EUROPEAN PARLIAMENT AND THE COUNCIL:1. In accordance with Article 21 of the Treaty on European Union, the Presidency shall consult the European Parliament on the main aspects and fundamental decisions of the European Union`s agricultural policy. (1) and ensure that the positions of the European Parliament are duly taken into account. This Article also provides that the European Parliament shall be regularly informed by the Presidency of the Council and by the Commission of developments in the common foreign and security policy. A mechanism should be put in place to ensure the implementation of these principles in this area. This interinstitutional agreement should offer the European Parliament treatment which can be learned from best practice in the Member States,HAVE CONCLUDED THIS INTERINSTITUTIONAL AGREEMENT:1. Scope 1.1. This interinstitutional agreement governs the European Parliament`s access to sensitive information, i.e. information classified as TOP SECRET/TOP SECRET, SECRET or CONFIDENTIAL, whatever its origin, media or state of completion, on which the Council is in the field of security and defence policy and the management of documents thus classified.1.2.
Information from a third country or an international organisation shall be transmitted with the agreement of that State or organisation. Where information from a Member State is transmitted to the Council without its dissemination to institutions other than its classification being expressly limited, the provisions of Sections 2 and 3 of this Interinstitutional Agreement shall apply. Otherwise, this information shall be transmitted with the agreement of the Member State concerned. If the Council refuses to communicate information from a third country, an international organisation or a Member State, this justifies this decision.1.3. The provisions of this Interinstitutional Agreement shall apply in accordance with the applicable law and without prejudice to Decision 95/167/EC, Euratom, ECSC of the European Parliament, of the Council and of the Commission of 19 April 1995 on the procedures for exercising the European Parliament`s right of inquiry (2) and without prejudice to existing provisions – and in particular the Interinstitutional Agreement of 6 April 1995. May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (3).2. . . .