CHAPTER 6

INDUSTRIAL SECURITY

Specific provisions for classified contracts
Article 46
1
The conditions relevant for the protection of EUCI under which the contractor may subcontract shall be defined in the call for tender and in the classified contract.
2
A contractor shall obtain permission from the contracting authority, before sub-contracting any parts of a classified contract. No subcontract involving access to EUCI may be awarded to subcontractors registered in a third country, unless there is a regulatory framework for the security of information as provided for in Chapter 7.
3
The contractor shall be responsible for ensuring that all sub-contracting activities are undertaken in accordance with the minimum standards laid down in this Decision and shall not provide EUCI to a subcontractor without the prior written consent of the contracting authority.
4
With regard to EUCI created or handled by the contractor, the Commission shall be considered to be the originator, and the rights incumbent on the originator shall be exercised by the contracting authority.