Ref. Ares(2022)987750 - 10/02/2022
EUROPEAN
COMMISSION
Brussels, XXX
[…](2019) XXX draft
COMMISSION DECISION
of XXX
on records management and archives
EN EN
COMMISSION DECISION
of XXX
on records management and archives
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Treaty establishing the European Atomic Energy Community, and in
particular Article 131 thereof,
Having regard to Council Regulation (EEC, Euratom) No 354/831, as amended by Council
Regulation (EC, Euratom) No 1700/20032 and Council Regulation (EU) No 2015/4963,
Having regard to Regulation (EU) No 910/20144 of the European Parliament and of the
Council,
Having regard to Commission Decision (EU, Euratom) 2015/4435,
Having regard to Commission Decision (EU, Euratom) 2015/4446,
Having regard to Commission Decision (EU, Euratom) 2017/467,
Having regard to Regulation (EU) 2018/17258 of the European Parliament and of the Council,
Having regard to Regulation (EC) No 1049/20019 of the European Parliament and of the
Council,
Whereas:
1
Council Regulation (EEC, Euratom) No 354/83 concerning the opening to the public of the historical
archives of the European Economic Community and the European Atomic Energy Community (OJ L
43, 15.2.1983, p. 1).
2
Council Regulation (EC, Euratom) No 1700/2003 amending Regulation (EEC, Euratom) No 354/83
concerning the opening to the public of the historical archives of the European Economic Community
and the European Atomic Energy Community (OJ L 243, 27.9.2003, pp. 1-4)
3
Council Regulation (EU) 2015/496 of 17 March 2015 amending Regulation (EEC, Euratom) No 354/83
as regards the deposit of the historical archives of the institutions at the European University Institute in
Florence (OJ L 79, 25.3.2015, pp. 1-5).
4
Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on
electronic identification and trust services for electronic transactions in the internal market and
repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, pp. 73-114).
5
Commission Decision (EU, Euratom) 2015/443 on security in the Commission (OJ L 72, 17.3.2015, pp.
41-52).
6
Commission Decision (EU, Euratom) 2015/444 on the security rules for protecting EU classified
information (OJ L 72, 17.3.2015, pp. 53-88).
7
Commission Decision (EU, Euratom) 2017/46 on the security of communication and information
systems in the Commission (OJ L 6, 11.1.2017, pp. 40-51).
8
Regulation (EU) 2018/1725 of the European Parliament and of the Council on the protection of natural
persons with regard to the processing of personal data by the Union institutions, bodies, offices and
agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and
Decision 1247/2002/EC ( OJ L 295, 21.11.2018, pp. 39-98).
9
Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001
regarding public access to European Parliament, Council and Commission documents (OJ L 145,
31.5.2001, pp. 43-48).
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guarantees the integrity and usability of their content and the accompanying
metadata.
2.
AThe digital document created by digitisingfollowing the digitisation of an analogue
document received by the Commission satisfies the validity or admissibility criteria
if:
–
no signature is required by any provision inof Union law or the law of thea
Member State or third country concerned
and
–
its format providesoffers guarantees of durability, readability over time and
ease of access to the information it containsed therein.
In all cases where a signed original is not required, such a digital document may be
used for any exchange of information and for any internal procedure within the
Commission.
3.
Any record shall be valid if it complies with the formal requirements laid down in the
applicable Union or national law.
4.
Where a provision inof applicable Union or national law requires a signed original of
a record, a record drawn up or received by the Commission shall also satisfy that
requirement if that record in question contains:
–
one or more handwritten signatures,
or
–
one or more qualified electronic signatures,
or
–
one or more electronic signatures providingoffering equivalent guarantees
equivalent to with regard to the functions assigned to a signature.
5.
The Commission’s departments may, if necessary, use eElectronic seals, if
necessary, combined with an electronic time stamp, may be used by the
Commission’s services to guarantee the origin and integrity of electronic records in
electronic form belonging to its documentary resources.
6.
In cases where a procedure specific to the Commission requires the signature of an
authorised person or the approval of a person at one or more stages of the procedure,
thate procedure may be managed by IT systems, provided that each person is clearly
and unambiguously identified and that the system in question provides guarantees
that the contents are not altered, including as regards the stages of the procedure.
7.
Where a procedure involves the Commission and other bodies or
organisationsentities, and requires the signature of an authorised person or the
approval of a person at one or more stages of the procedure, thate procedure may be
managed by IT systems whoseere use conditions of use and technical warranties are
determined by agreement.
Article 6
Creation
1.
Some records must meet formality requirements in their drafting, in accordance with
the rules onlaid down for specific types of records.
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historical archives, but are eliminated at the end of the administrative retention
period.,
–
Ffor certain categories of files, for well-defined reasons, including the
protection of personal data, the common retention lists provide for the
administrative elimination of certain types of records belonging to those files
before the end of the administrative retention period. and, Cconsequently, these
types of records are not processed for archiving purposes in the public interest.,
–
Pprior to processing for archiving purposes in the public interest, the
dDirectorate-gGeneral or equivalent department shall report the possibility that
there may bee potential presence of sensitive personal data in the files to be
transferreddestined for the transfer to the hHistorical aArchives.,
–
Beforeprior to the opening to the public of any Commission file is opened to
the public, the Historical Archives Service shall review it in order to check
whether it contains anyverify the possible presence of sensitive personal data,
including on the basis of the signposting referred to in the previous paragraph
with the aim of protecting personal data, while ensuring that the files are made
available to the public.
Article 16
Deposit of the historical archives atto the European University Institute (EUI)
1.
The EUI shall be entrusted with rResponsibility for the physical protection of the
archives on analogue media deposited there shall be entrusted to the EUI in
accordance with the standards laid down in Article 8(6) of Council Regulation (EEC,
Euratom) No 354/83.
2.
The Historical Archives Service shall provide the EUI with access to digitised copies
of records on an analogue medium, where possible, in order to promote the online
consultation of the historical archives.
3.
The EUI shall be the access point to the Commission’s historical archives that are
open to the public, while without the Commission shall retainbeing excluded from
the right to provide direct access to its historical archives.
4.
The Historical Archives Service shall sendforward the EUI the description of the
archives to be depositedhat are the subject of the deposit to the EUI. TIn order to
facilitate the exchange of metadata with the EUI, interoperability shall be
appliedused, in accordance with international standards.
5.
The Historical Archives Service shall cooperates with the EUI oin the
declassifyingication of records less thanunder 30 years oldf age that originatinge
from the Commission, where suchn the classified records concerned are part of
‘private archives’ deposited at the EUI by individual persons or entities.
6.
The Historical Archives Service shall provides the necessary instructions for the
processing by the EUI of personal data contained in the deposited archives by the
EUI and monitors its performance.
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–
harmonisation in the presentation of records from the Commission and its
departments.
Article 21
Repeal of previous acts
Commission Decision 2002/47/EC, ECSC, Euratom and Commission Decision 2004/563/EC,
Euratom are repealed.
[Article 22
Entry in force
This Decision shall enter into force on the day following that of its publication in the
Official
Journal of the European Union.]
Done at Brussels,
For the Commission
[…]
The President
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