Commission Decision (EU, Euratom) 2019/1963Show full title

Commission Decision (EU, Euratom) 2019/1963

of 17 October 2019

laying down implementing rules on industrial security with regard to classified procurement contracts

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 249 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106 thereof,

Having regard to Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission(1),

Having regard to Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information(2),

Having regard to Commission Decision (EU, Euratom) 2017/46 of 10 January 2017 on the security of communication and information systems in the European Commission(3),

After consulting the Commission Security Expert Group, in accordance with Article 41(5) of Decision (EU, Euratom) 2015/444,

Whereas:

(1) Articles 41, 42, 47 and 48 of Decision (EU, Euratom) 2015/444 provide that more detailed provisions to supplement and support Chapter 6 of that Decision are to be laid down in implementing rules on industrial security, governing issues such as tendering, conclusion of classified contracts, facility security clearances, personnel security clearances, visits and transmission and carriage of European Union classified information (EUCl).

(2) Decision (EU, Euratom) 2015/444 states that classified contracts are to be implemented in close cooperation with the national security authority, the designated security authority or any other competent authority of the Member States concerned; the Member States have agreed to ensure that any entity under their jurisdiction which may receive or generate classified information originating in the Commission is appropriately security cleared and is capable of providing suitable protection equivalent to that afforded by the security rules of the Council of the European Union for protecting EU classified information bearing a corresponding classification marking, as provided in Agreement between the Member States of the European Union, meeting within Council, regarding the protection of classified information exchanged in the interests of the European Union (2011/C 202/05)(4).

(3) The Council, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy have agreed to ensure maximum consistency in the application of security rules regarding their protection of EUCI while taking into account their specific institutional and organisational needs, in accordance with the declarations attached to the minutes of the Council session at which Council Decision 2013/488/EU(5) on the security rules for protecting EU classified information was adopted.

(4) The Commission's implementing rules on industrial security with regard to classified contracts should therefore also ensure maximum consistency and take into account the Guidelines on Industrial Security approved by the Council Security Committee on 13 December 2016 and Articles 7 and 22 of Directive 2009/81/EC of the European Parliament and of the Council(6).

(5) On 4 May 2016 the Commission adopted a decision(7) empowering the Member of the Commission responsible for security matters to adopt, on behalf of the Commission and under its responsibility, the implementing rules provided for in Article 60 of Decision (EU, Euratom) 2015/444,

HAS ADOPTED THIS DECISION:

(1)

OJ L 72, 17.3.2015, p. 41.

(2)

OJ L 72, 17.3.2015, p. 53.

(3)

OJ L 6, 11.1.2017, p. 40.

(4)

OJ C 202, 8.7.2011, p. 13.

(5)

Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).

(6)

Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security (OJ L 216, 20.8.2009, p. 76).

(7)

Commission Decision of 4 May 2016 on an empowerment relating to security (C(2016) 2797 final).