CHAPTER 2HANDLING OF CALLS FOR TENDER FOR CLASSIFIED CONTRACTS

Article 4Subcontracting in classified contracts

1.

The conditions under which a contractor awarded a Commission classified contract may subcontract shall be defined in the invitation to tender and in the contract documentation. Where the classified contract permits subcontracting of some of its parts, such subcontracting shall be subject to prior written consent from the contracting authority. Before giving its consent, the contracting authority shall consult the Commission security authority.

2.

Classified contracts shall be subcontracted only to economic operators registered in a Member State, or to economic operators 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 EU or entered into an administrative arrangement with the Commission11.