Subject matter and scope
1. This Decision sets out implementing rules on industrial security with regard to classified grants within the meaning 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) in the publication of calls, and when awarding grants and implementing the classified grant agreements concluded by the European Commission.
3. This Decision applies to grants involving information classified at the following levels:
(a)
RESTREINT UE/EU RESTRICTED;
(b)
CONFIDENTIEL UE/EU CONFIDENTIAL;
(c)
SECRET UE/EU SECRET.
4. This Decision applies without prejudice to specific rules laid down in other legal acts, such as those concerning the European Defence Industrial Development Programme.
Responsibilities within the Commission
1. As part of the responsibilities of the authorising officer of the granting authority referred to in Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council, he or she shall ensure that the classified grant complies with Decision (EU, Euratom) 2015/444 and its implementing rules.
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 grant agreement, programme or project, and shall inform the local security officer about the signed classified grant agreements. The decision on the classification level of specific subjects shall rest with the granting authority and shall be taken with due regard to the security classification guide.
3. Where the programme or project security instructions referred to in Article 5(3) are applied, the granting authority and the Commission security authority shall discharge the responsibilities assigned to them in those instructions.
4. 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.
5. Where grants are managed by EU executive agencies or other funding bodies and the specific rules laid down in other legal acts referred to in Article 1(4) do not apply:
(a)
the delegating Commission department shall exercise the rights pertaining to the originator of EUCI generated in the context of the grants if the delegation arrangements so provide;
(b)
the delegating Commission department shall be responsible for determining the security classification;
(c)
requests for security clearance information and the notifications to NSAs and/or DSAs shall be sent through the Commission security authority.
