CHAPTER 6

INDUSTRIAL SECURITY

Provisions for classified contracts and grant agreements
Article 45
1
Where EUCI is provided to a candidate, tenderer or applicant during the procurement procedure, the call for tender or call for proposal shall contain a provision obliging the candidate, tenderer or applicant failing to submit a tender or proposal or who is not selected, to return all classified documents within a specified period of time.
2
The contracting or granting authority, shall notify, through the Commission Security Authority, the competent NSA, DSA or any other competent security authority of the fact that a classified contract or grant agreement has been awarded, and of the relevant data, such as the name of the contractor(s) or beneficiaries, the duration of the contract and the maximum level of classification.
3
When such contracts or grant agreements are terminated, the contracting or granting authority, shall promptly notify, through the Commission Security Authority, the NSA, DSA or any other competent security authority of the Member State in which the contractor or grant beneficiary is registered.
4
As a general rule, the contractor or grant beneficiary shall be required to return to the contracting or granting authority, upon termination of the classified contract or the grant agreement, or of the participation of a grant beneficiary, any EUCI held by it.
5
Specific provisions for the disposal of EUCI during the performance of the classified contract or the classified grant agreement or upon its termination shall be laid down in the SAL.
6
Where the contractor or grant beneficiary is authorised to retain EUCI after termination of a classified contract or grant agreement, the minimum standards contained in this Decision shall continue to be complied with and the confidentiality of EUCI shall be protected by the contractor or the grant beneficiary.