(c) the courier shall have been briefed on all the security obligations to be observed during carriage and shall have signed an appropriate acknowledgement;
(d) the instructions for the courier shall be attached to the courier certificate;
(e) the courier shall have been provided with a description of the consignment and an itinerary;
(f) the documents shall be returned to the issuing NSA/DSA upon completion of the journey(s) or be kept available by the recipient for monitoring purposes;
(g) if customs, immigration authorities or border police ask to examine and inspect the consignment, they shall be permitted to open and observe sufficient parts of the consignment so as to establish that it contains no material other than that which is declared;
(h) customs authorities should be urged to honour the official authority of the shipping documents and of the authorisation documents carried by the courier.
If a consignment is opened by customs, this should be done out of sight of unauthorised persons and in the presence of the courier where possible. The courier shall request that the consignment be repacked and shall ask the authorities conducting the inspection to reseal the consignment and confirm in writing that it was opened by them.
5. Hand carriage by contractor personnel of information classified RESTREINT UE/EU RESTRICTED, CONFIDENTIEL UE/EU CONFIDENTIAL and SECRET UE/EU SECRET to a third country or an international organisation will be subject to provisions of the security of information agreement or the administrative arrangement concluded between, respectively, the European Union or the Commission and that third country or international organisation.
CHAPTER 6
BUSINESS CONTINUITY PLANNING
Article 15
Contingency plans and recovery measures
The Commission department, as contracting authority, shall ensure that classified contract requires the contractor to set out business contingency plans (BCP) for protecting EUCI handled in connection with the performance of the classified contract in emergency situations, and to put in place preventive and recovery measures in the context of business continuity planning to minimise the impact of incidents in relation to the handling and storage of EUCI. The contractor shall inform the contracting authority of its BCP.
Article 16
Entry into force
This Decision shall enter into force on the twentieth day following that of its publication in the
Official Journal of the European Union
.
Done at Brussels, 17 October 2019.
For the Commission,
On behalf of the President,
Günther OETTINGER
Member of the Commission
(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).
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