# Commission Decision (EU, Euratom) 2019/1963 of 17 October 2019 laying down implementing rules on industrial security with regard to classified procurement contracts, Article 6: Access to EUCI by personnel of contractors and subcontractors

Extent: E+W+S+N.I.

1. The Commission department, as contracting authority, shall ensure that classified contracts include provisions indicating that personnel of a contractor or subcontractor who, for the performance of the classified contract or subcontract, require access to EUCI may be granted such access only if:
(a) it has been established that they have a need-to-know;
(b) for information classified CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET, they have been granted a PSC at the relevant level by the respective NSA/DSA or any other competent security authority;
(c) they have been briefed on the applicable security rules for protecting EUCI, and have acknowledged their responsibilities with regard to protecting such information.
2. If a contractor or subcontractor wishes to employ a national of a non-EU country in a position that requires access to EUCI classified CONFIDENTIEL UE/EU CONFIDENTIAL or SECRET UE/EU SECRET, it is the responsibility of the contractor or subcontractor to initiate the security clearance procedure of such a person in accordance with national laws and regulations applicable at the location where access to the EUCI is to be granted.

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Source: https://www.legislation.gov.uk/eudn/2019/1963/article/6 (the official version)
Page: https://openlegislation.uk/eu-decision-2019-1963/article-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

