CHAPTER 6

INDUSTRIAL SECURITY

Facility security clearance
Article 44
1
‘Facility Security Clearance’ (FSC) means an administrative determination by a NSA, DSA or any other competent security authority that, from the security viewpoint, a facility can afford an adequate level of protection to EUCI to a specified security classification level.
2
A FSC granted by the NSA or DSA or any other competent security authority of a Member State to indicate, in accordance with national laws and regulations, that an economic operator can protect EUCI at the appropriate classification level (CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET) within its facilities, shall be presented to the Commission Security Authority, which will forward it to the Commission department acting as the contracting or granting authority, before a candidate, tenderer or contractor, or grant applicant or beneficiary may be provided with or granted access to EUCI.
3
Where relevant, the contracting authority shall notify, through the Commission Security Authority, the appropriate NSA, DSA or any other competent security authority that an FSC is required for performing the contract. A FSC or PSC shall be required where EUCI classified CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET has to be provided in the course of the procurement or grant award procedure.
4
The contracting or granting authority shall not award a classified contract or a grant agreement to a preferred bidder or participant before having received confirmation from the NSA, DSA or any other competent security authority of the Member State in which the contractor or subcontractor concerned is registered that, where required, an appropriate FSC has been issued.
5
When the Commission Security Authority has been notified by the NSA, DSA or any other competent security authority which has issued a FSC about changes affecting the FSC, it shall inform the Commission department, acting as contracting or granting authority. In the case of a sub-contract, the NSA, DSA or any other competent security authority shall be informed accordingly.
6
Withdrawal of a FSC by the relevant NSA, DSA or any other competent security authority shall constitute sufficient grounds for the contracting or granting authority, to terminate a classified contract or exclude a candidate, tenderer or applicant from the competition. A provision to that effect shall be included in the model contracts and grant agreements to be developed.