FantasticSearch

1. Conditions for participation in Union award procedures shall comply with any international obligations or market access commitments of the Union in international agreements and shall not unduly restrict competition.

2. Where necessary and duly justified, the Commission shall indicate, in the financing decision referred to in Article 110, that specific award procedures affect security or public order, in particular concerning strategic assets and interests of the Union or its Member States, including the protection of the integrity of digital infrastructure, communication and information systems, and related supply chains. Where no financing decision is required in accordance with Article 110(1), second subparagraph, this shall be set out by the authorising officer responsible in the documents related to the award procedure.

3. For the protection of security or public order, the authorising officer responsible may set specific conditions applicable to the award procedures and the legal commitments as referred to in Article 124. Any conditions shall be subject to paragraphs 1 and 2 of this Article, and shall be strictly limited to what is necessary to protect security or public order of the Union and/or its Member States. The specific conditions may apply to participation in award procedures and to the full life cycle of the resulting legal commitment and may concern:

(a) the entity, in particular the criteria for access to the procedure or eligibility based on the country of establishment of the participants, including the contractor or beneficiary and the affiliated entities and any subcontractors, as well as with respect to direct or indirect control of any of those participants by public or private entities of a third country;

(b) the activity, in particular with respect to the country of origin of the equipment, goods, supplies or services, as well as with respect to the place of performance, which may be limited to Member States;

(c) additional security requirements for the entities and activities, in particular conditions based on a security risk assessment of the equipment, goods, supplies or services, manufacturer, contractor, beneficiary, the affiliated entities or any subcontractors.