ARTICLE 1: - emits - ESA
ARTICLE 1: - emits - ESA
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.