II. SECURITY ELEMENTS IN A CLASSIFIED CONTRACT

2013/488/EU: Council Decision of 23 September 2013 on the security rules for protecting EU classified information · European Union

Prior to launching a call for tender or letting a classified contract, the GSC, as the contracting authority, shall determine the security classification of any information to be provided to bidders and contractors, as well as the security classification of any information to be created by the contractor. For that purpose, the GSC shall prepare an SCG to be used for the performance of the contract. In order to determine the security classification of the various elements of a classified contract, the following principles shall apply: in preparing an SCG, the GSC shall take into account all relevant security aspects, including the security classification assigned to information provided and approved to be used for the contract by the originator of the information; the overall level of classification of the contract may not be lower than the highest classification of any of its elements; and where relevant, the GSC shall liaise with the Member States’ NSAs/DSAs or any other competent security authority concerned in the event of any changes regarding the classification of information created by or provided to contractors in the performance of a contract and when making any subsequent changes to the SCG. The contract-specific security requirements shall be described in a SAL. The SAL shall, where appropriate, contain the SCG and shall be an integral part of a classified contract or sub-contract. The SAL shall contain the provisions requiring the contractor and/or subcontractor to comply with the minimum standards laid down in this Decision. Non-compliance with these minimum standards may constitute sufficient grounds for the contract to be terminated. Depending on the scope of programmes or projects involving access to or handling or storage of EUCI, specific PSI may be prepared by the contracting authority designated to manage the programme or project. The PSI shall require the approval of the Member States’ NSAs/DSAs or any other competent security authority participating in the PSI and may contain additional security requirements.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-01 · Text as adopted (Official Journal); later amendments are not incorporated in this text.