CADA tracker · source extraction
Article 30
Public procurement
1. This Article applies to contracting authorities that procure cloud computing services
for their exclusive use. Without prejudice to Article 136 of Regulation (EU,
Euratom) 2024/2509, this Article also applies to Union entities that procure cloud
computing services for their exclusive use.
2. Union entities and public sectors bodies whose public sector activities have not been
identified as contributing to the preservation of public order under the risk
assessment referred to in Article 29(1) shall use cloud computing services that have
been recognised under Article 17 as having a Union assurance level 1.
3. Contracting authorities, including the entities acting on their behalf, whose activities
have been identified as contributing to the preservation of public order under Article
29(1) in sectors falling under Annex I or II of Directive (EU) 2022/2555 and in the
areas of national security, internal security, external border management, defence,
justice or law enforcement, including the prevention, investigation, detection and
prosecution of criminal offence, shall only procure cloud computing services that
have been recognised as having a Union assurance level 2, 3 or 4.
4. By derogation from paragraphs 2 or 3, on an exceptional basis and where duly
justified, contracting authorities may decide not to procure cloud computing services
recognised as having a Union assurance level 1, 2, 3, or 4 where one or more of the
following circumstances applies:
(a) the subject matter of the tender cannot be supplied by recognised cloud
computing services available in the central repository referred to in Article 22,
and no adequate or reasonable alternative or comparable cloud computing
service exists, and such absence is not the result of an artificial narrowing
down of the parameters of the public procurement procedure;
(b) the contracting authority has launched a similar procurement process within the
previous year but did not receive any suitable tenders or suitable participants;
(a) applying the requirements of this Regulation would require the contracting
authority to procure services at disproportionate cost.
SECTION 2
PRIVATE SECTOR ENTITIES