Article 21 · Regulation (EU) 2026/2387

Contents

Article 21Application of the rules on classified information#

1.For the implementation of this Regulation:

(a)Member States and associated third countries on whose territory the recipients are established shall assess the sensitive nature of the background and foreground information handled during the implementation of the actions supported by the Programme;

(b)where that information is subject to a national classification level, the Member States and associated third countries referred to in point (a) shall establish an adequate security framework in accordance with their national laws and regulations;

(c)each Member State shall ensure a level of protection of EU classified information equivalent to that provided for in the security rules set out in Council Decision 2013/488/EU^note;

(d)the Commission shall protect classified information received in relation to the Programme in accordance with the security rules set out in Commission Decision (EU, Euratom) 2015/444^note.

2.The Commission shall make available an accredited secure exchange system in order to facilitate the exchange of classified and sensitive information between the Commission and the Member States and associated third countries and, where appropriate, with the applicants and recipients. That system shall take into account Member States’ national security regulations.

Defined terms · 10

Show every defined term

background information
means any information necessary for, or useful to, the implementation of the Programme, generated before or outside the framework of an action supported by the Programme and provided to and used for the purposes of that action;
control
means the ability to exercise decisive influence over a legal entity directly, or indirectly through one or more intermediate legal entities;
defence product
means any defence-related product as referred to in the Annex to Directive 2009/43/EC of the European Parliament and of the Council, as well as works, supplies and services directly related to those products for any and all elements of their life cycle within the meaning of Article 2, point (c), of Directive 2009/81/EC;
emerging and disruptive defence product
means an enhanced or completely new defence product that:
executive management structure
means a body of a legal entity, appointed in accordance with national law and, where applicable, reporting to the chief executive officer of that entity, which is empowered to establish the legal entity’s strategy, objectives and overall direction, and which oversees and monitors the legal entity’s management decision-making;
foreground information
means data, know-how or information generated in the implementation of the Programme, whatever its form or nature;
legal entity
means:
non-associated third-country entity
means:
results
means any tangible or intangible effect of an action supported by the Programme, such as data, know-how or information, whatever its form or nature and whether or not it can be protected, as well as any rights attached to that effect, including intellectual property rights;
small and medium-sized enterprises
(‘SMEs’) means small and medium-sized enterprises as defined in Article 2 of the Annex to Commission Recommendation 2003/361/EC;