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 Commission(1).
The list of agreements concluded by the EU and of administrative arrangements entered into by the European Commission, under which EU classified information may be exchanged with third countries and international organisations, can be found on the Commission website.