+Article 12 Security
---+Article 12 1.
---+Article 12 2.
---+Article 12 3.
---+Article 12 4.
---+Article 12 5.
---+Article 12 5a.
---+Article 12 5b.
---+Article 12 6.
---+Article 12 7.
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Article 12 Security
1. Ülevaade
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Regulatsioon |
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Article 12 1.
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Actions carried out under the Programme shall comply with applicable security rules, including with Union and national law and in particular in relation to the protection of the classified information against unauthorised disclosure. In the case of actions carried out outside the Union using or generating classified information, in addition to compliance with above requirements such actions shall be subject to a security agreement concluded between the Union and the third country in which the activity is conducted.
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Article 12 2.
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Where appropriate, proposals and tenders to be submitted by applicants shall include a security self-assessment that identifies any security issues and details how those issues are to be addressed in order to comply with Union and national law.
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Article 12 3.
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Where appropriate, the Commission or the body entrusted with the implementation of the Programme shall carry out a security review of proposals for funding submitted by applicants that raise security issues.
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Article 12 4.
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Where appropriate, the actions carried out under the Programme shall comply with Commission Decision (EU, Euratom) 2015/444 (
6
) and the rules implementing that Decision. |
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Article 12 5.
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The work programme may also provide that legal entities established in associated countries and legal entities that are established in the Union but are controlled from third countries are not eligible to participate in all or some actions under Specific Objective 3 and in actions focused on technologies with dual-use potential under any specific objective for duly justified security reasons. In such cases, calls for proposals and calls for tenders shall be restricted to legal entities established or deemed to be established in Member States and controlled by Member States or by nationals of Member States. Such restrictions may be applied to access to the capacities deployed under such calls. Those restrictions shall be proportionate and applied only where strictly necessary.
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Article 12 5a.
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Paragraph 5 shall not apply, insofar as concerns legal entities that are established in the Union but are controlled from third countries, to any action implementing the European Cybersecurity Alert System where both of the following conditions are fulfilled in respect of the action concerned:
(a)
there is a real risk, taking into account the results of the mapping carried out pursuant to Article 9(4) of Regulation (EU) 2025/38, that the tools, infrastructure or services necessary and sufficient for that action to adequately contribute to the objective of the European Cybersecurity Alert System will not be available from legal entities established or deemed to be established in Member States and controlled by Member States or by nationals of Member States;
(b)
the security risk of procuring from such legal entities within the European Cybersecurity Alert System is proportionate to the benefits and does not undermine the essential security interests of the Union and its Member States.
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Article 12 5b.
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Paragraph 5 shall not apply, insofar as concerns legal entities that are established in the Union but are controlled from third countries, to any action implementing the EU Cybersecurity Reserve where both of the following conditions are fulfilled in respect of the action concerned:
(a)
there is a real risk, taking into account the results of the mapping carried out pursuant to Article 14(6) of Regulation (EU) 2025/38, that the technology, expertise or capacity necessary and sufficient for the EU Cybersecurity Reserve to adequately perform its functions will not be available from legal entities established or deemed to be established in Member States and controlled by Member States or by nationals of Member States;
(b)
the security risk of including such legal entities within the EU Cybersecurity Reserve is proportionate to the benefits and does not undermine the essential security interests of the Union and its Member States.
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Article 12 6.
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►C1
If duly justified for security reasons, the work programme may also provide that legal entities established in associated countries and legal entities that are established in the Union but are controlled from third countries may be eligible to participate in all or some actions under Specific Objectives 1, 2 and 6 only if they comply with the requirements to be fulfilled by those legal entities to guarantee the protection of the essential security interests of the Union and the Member States and to ensure the protection of classified documents information. Those requirements shall be set out in the work programme. ◄
The first subparagraph shall also apply, insofar as concerns legal entities that are established in the Union but are controlled from third countries, to actions under Specific Objective 3:
(a)
to implement the European Cybersecurity Alert System where paragraph 5a applies; and
(b)
to implement the EU Cybersecurity Reserve where paragraph 5b applies.
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Article 12 7.
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Where appropriate, the Commission or the body entrusted with the implementation of the Programme shall carry out security checks. Funding for actions which do not comply with the security requirements referred to in this Article may be suspended, terminated or reduced at any time, in accordance with the Financial Regulation.
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,
1.1 Viited
1.2 Tuvastatud nõuded
1.3 Seotud standardid
2. Tuvastatud nõuded
3. Seotud standardid
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