Basic principles
Article 3
1. Classified parts of the grants shall be implemented only by beneficiaries registered in a Member State, or by beneficiaries registered in a third country or established by an international organisation where that third country or international organisation has concluded a security of information agreement with the Union or entered into an administrative arrangement with the Commission ( 8 ) . 2. Before launching a call for a classified grant, the granting authority shall determine the security classification of any information that could be provided to applicants. The granting authority shall also determine the maximum security classification of any information used or generated in the performance of the grant agreement or programme or project, or at least the anticipated volume and type of information to be produced or handled, and the need for a classified communication and information system (CIS). 3. The granting authority shall ensure that calls for classified grants provide information about the special security obligations related to classified information. The call documentation shall include clarifications about the timeline for beneficiaries to obtain the FSCs, where they are required. Annexes I and II contain sample templates for information regarding the call conditions. 4. The granting authority shall ensure that information classified RESTREINT UE/EU RESTRICTED, CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET is disclosed to applicants only after they have signed a non-disclosure agreement, obliging applicants to handle and protect EUCI in accordance with Decision (EU, Euratom) 2015/444, its implementing rules and the applicable national rules. 5. Where RESTREINT UE/EU RESTRICTED information is provided to applicants, the minimum requirements mentioned in Article 5(7) of this Decision shall be included in the call or in the non-disclosure arrangements concluded at proposal stage. 6. All applicants and beneficiaries which are required to handle or store information classified CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET within their facilities, either at the proposal stage or during the performance of the classified grant agreement itself, shall hold an FSC at the required level, except for cases mentioned in paragraph 9. The following identifies the three scenarios that may arise during the proposal stage for a classified grant involving EUCI at CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET level: (a) no access to EUCI at CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET level during the proposal stage: Where the call concerns a grant that will involve EUCI at CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET level, but does not require the applicant to handle such information at the proposal stage, an applicant which does not hold an FSC at the required level shall not be excluded from the application process on the grounds that it does not hold an FSC; (b) access to EUCI at CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET level on the premises of the granting authority during the proposal stage: Access shall be granted to applicant personnel who hold a PSC at the required level and who have a need-to-know; (c) handling or storage of EUCI at CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET level on the premises of the applicant during the proposal stage: Where the call requires applicants to handle or store EUCI on their premises, the applicant shall hold an FSC at the required level. In such circumstances, the granting authority shall obtain, through the Commission security authority, an assurance from the relevant NSA or DSA that the applicant has been granted an appropriate FSC before any EUCI material is provided to the applicant. Access shall be granted to applicant personnel who hold a PSC at the required level and who have a need-to-know. 7. In principle, an FSC or PSC shall not be required for access to RESTREINT UE/EU RESTRICTED information, either at the proposal stage or for the performance of the grant agreement. Where Member States require an FSC or PSC for grant agreements or subcontracts at RESTREINT UE/EU RESTRICTED level under their national laws and regulations, as listed in Annex IV, those national requirements shall not place any additional obligations on other Member States or exclude applicants, beneficiaries or subcontractors from Member States that have no such FSC or PSC requirements for access to RESTREINT UE/EU RESTRICTED information from related grant agreements or subcontracts, or a competition for such. Those grant agreements shall be performed in Member States in accordance with their national laws and regulations. 8. Where an FSC is required in the handling of a call and for the implementation of a classified grant agreement, the granting authority shall submit, through the Commission security authority, a request to the beneficiary’s NSA or DSA using a facility security clearance information sheet (‘FSCIS’) or any established equivalent electronic form. Annex III, Appendix D, contains an example of an FSCIS ( 9 ) . Response to an FSCIS is provided, to the extent possible, within ten working days of the date of the request. 9. Where Member States’ government establishments or establishments under the control of their government participate in classified grants that require FSCs, and where FSCs are not issued for those establishments under national laws, the granting authority shall verify with the NSA or DSA concerned, through the Commission security authority, whether those government establishments are capable of handling EUCI at the required level. 10. Where a PSC is required for the performance of a classified grant agreement and where, according to national rules, an FSC is necessary before a PSC is granted, the granting authority shall check with the beneficiary’s NSA or DSA, through the Commission security authority, using an FSCIS, that the beneficiary holds an FSC or that the FSC process is underway. In this case, the Commission shall not issue requests for PSCs using personnel security clearance information sheet (‘PSCIS’).