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ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/REG/001, rev.2<br />

Annex III,rev.1<br />

Page 14<br />

In the frame of international agreements entered into by the Agency with public bodies<br />

(including International Organisations), or in the case of collaborative programmes and<br />

when this is expressly foreseen in the programme’s legal instruments, the Secretariat of<br />

the TEB may be supplemented by staff of the said public bodies.<br />

1.2.4 Experts<br />

As far as possible the appointment of experts shall be avoided.<br />

Not taking into account experts nominated in the frame of international agreements<br />

entered into by the Agency with public bodies (including International Organisations),<br />

or in the case of collaborative programmes, the number of experts in a TEB shall never<br />

be superior to half of the nominated TEB members with a maximum of 4 (four).<br />

Should the complexity of the matter require more experts then the TEB shall recourse<br />

to the nomination of panel(s) except in the case of restricted tender actions carried out<br />

under Framework Agreements where no panels are allowed. Where a panel is<br />

nominated its Chairperson shall be a member of the TEB. (see Part V of the present<br />

TEM)<br />

1.2.4.1 Experts may be:<br />

i. <strong>ESA</strong> staff members;<br />

ii.<br />

iii.<br />

staff members of public bodies (including International Organisations) in the<br />

frame of international agreements entered into by the Agency with the public<br />

bodies (including international Organisations) or in the frame of collaborative<br />

programmes; and/or,<br />

staff of public bodies seconded to the Agency, except when their employing<br />

organisation has a direct or indirect commercial interest in the outcome of the<br />

tender action in question.<br />

1.2.4.2 Appointment of experts other than those foreseen under paragraph 1.2.4.1 above<br />

shall be agreed by the Appointing Authority on the basis of a written justification<br />

provided at the time of the proposal for the TEB nomination.<br />

1.2.4.3 At the time of their appointment, experts are required to accept in writing the<br />

same rules as the other TEB participants.<br />

1.2.4.4 Experts will participate only in those meetings - or part of those meetings - of<br />

the TEB where the Chairperson of the TEB, in agreement with the Contract officer,<br />

calls on them. Where such agreement cannot be reached the matter shall be referred for<br />

resolution to the Head of the Procurement Department or the person to whom he has<br />

delegated such authority. The absence of nominated experts shall not constitute a case<br />

for not holding a TEB meeting.<br />

1.2.4.5 Experts shall only act in an advisory capacity and are not entitled to vote or to<br />

mark.

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