Subject matter and scope
1. This Decision sets out implementing rules on industrial security with regard to classified procurement contracts to support the implementation of Decision (EU, Euratom) 2015/444, and in particular Chapter 6 of that Decision.
2. This Decision lays down specific requirements to ensure the protection of EU classified information (EUCI) by economic operators in pre-contract stage, throughout the life cycle of classified contracts concluded by the European Commission, and in subcontracts concluded by Commission contractors.
3. This Decision concerns information classified at the following levels:
(a)
RESTREINT UE/EU RESTRICTED;
(b)
CONFIDENTIEL UE/EU CONFIDENTIAL;
(c)
SECRET UE/EU SECRET.
Responsibility within the Commission
1. As part of the responsibilities as described in the Financial Regulation ( 8 ) , each authorising officer of the Commission contracting authority shall ensure that the classified contract refers to the minimum standards on industrial security set out in Chapter 6 of Decision (EU, Euratom) 2015/444 and in these implementing rules, and where appropriate in the contract notice or the invitation to tender, and that these standards are met in the course of implementation.
2. To that end, the authorising officer concerned shall, at all stages, seek the advice of the Commission security authority on issues regarding the security elements of a classified contract, programme or project, and shall inform the local security officer about the contracts concluded. The decision on the classification level of specific subjects shall rest with the contracting authority and shall be taken with due regard to the security classification guide.
3. In respecting the requirements of these implementing rules, the Commission security authority shall cooperate closely with the national security authorities (NSAs) and the designated security authorities (DSAs) of the Member States concerned, in particular as regards facility security clearances (FSCs) and personnel security clearances (PSCs), visit procedures and transportation plans.
