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ESA/REG/001, rev.2 Annex V,rev.1 Page 4 ARTICLE 2 : COMPOSITION – INCOMPATIBILITIES (Article 54 - Agency’s Procurement Regulations) 1. The Procurement Review Board shall consist of three members and three alternate members (all six hereinafter referred to as members) external to the Agency with proven legal and practical experience in the field of public procurement. 2. The members of the Procurement Review Board shall be appointed by Council for a period of three years. Their appointments may be renewed. 3. One member and one alternate member shall be appointed upon proposal by the Director General, one member and his alternate shall be appointed upon proposal by industry and one member and his alternate shall be appointed upon proposal by the Industrial Policy Committee Chair. 4. The members of the Procurement Review Board shall be independent; they shall not be members of the staff of the Agency nor of delegations of Member States, Associate Member States or Cooperating States. They shall not seek or accept instructions from anyone whatsoever. ARTICLE 3: PRIVILEGES AND IMMUNITIES (Article 54.5 - Agency’s Procurement Regulations) 1. The members of the Procurement Review Board shall enjoy the privileges and immunities provided for in Article XVII of Annex I to the Convention for the establishment of the Agency. ARTICLE 4: NOMINATION (Article 54.3 - Agency’s Procurement Regulations) 1. Before entering upon his duties, each member of the Procurement Review Board shall take an oath in the Council to perform his duties impartially and conscientiously and to preserve the secrecy of the Board's deliberations. 2. The detailed terms of appointment shall be laid down in a letter of appointment to be signed by the Chairman of the Council.
ESA/REG/001, rev.2 Annex V, rev.1 Page 5 ARTICLE 5: RESIGNATION – NOMINATION OF SUCCESSOR 1. Should a member of the Procurement Review Board resign before the expiry of the period he was appointed for, his letter of resignation shall be addressed to the Chairman of the Council and to the authority which originally designated him for nomination in application of Article 2.3. 2. This notification shall constitute vacation of office; however, the member of the Procurement Review Board concerned may be required to continue in office until his successor has taken up his duties. 3. The successor of the resigning member of the Procurement Review Board shall be nominated by Council upon proposal by the authority which originally designated him for nomination in application of Article 2.3. 4. The member of the Procurement Review Board nominated under paragraph 3 above shall be appointed for three years. Such appointment may be renewed. ARTICLE 6: DISMISSAL- NOMINATION OF SUCCESSOR 1. A decision to dismiss a member of the Procurement Review Board from office can only be taken by the Council upon a unanimous recommendation by all the other members of the Procurement Review Board. 2. The successor of the dismissed member of the Procurement Review Board shall be appointed by Council upon proposal by the authority which originally designated him for nomination in application of Article 2.3. 3. The member of the Procurement Review Board appointed under paragraph 2 above shall be appointed for three years such appointment may be renewed.
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