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<strong>ESA</strong>/REG/001, rev.2 Annex V,rev.1 Page 8 Rule 4. NOTICE OF HEARINGS The date of the hearings shall be communicated by the Chairman or in his absence by the deputy Chairman to the members of the Board, the Head of the Agency’s Procurement Department and the claimant, at least five working days beforehand. A copy of the files shall be sent, within the same time limit, to each member of the Board. Rule 5. CONSTITUTION FOR A GIVEN CASE 5.1 For the examination of a given case, the Board shall not be validly constituted unless at least three members are present, including the Chairman or in his absence the Deputy Chairman. 5.2 These same members shall in principle take part in all deliberations and decisions concerning a given case. Rule 6. CONFLICT OF INTEREST 6.1 A member of the Procurement Review Board may not participate in the settlement of any case in which he has previously participated as the representative, counsel or advocate of one of the parties or on which he has been called upon to decide as a member of a tribunal or in any other capacity. In such case, either party may ask for a change in the composition of the Board. 6.2 A party may not request a change in the Board's composition on the grounds of a member's nationality, but may request such change on account of presumed partiality: in the event of such a request the Board shall take a decision in the absence of the member concerned. 6.3 The Board shall be competent to settle any difficulty arising from the application of this Rule. Rule 7. PRE-JUDICIAL DECISIONS 7.1 Where necessary, the Board shall, before examining a claim submitted to it, rule on any objections concerning its own composition. 7.2 The Board shall rule, at any time it deems appropriate, on any challenge to its jurisdiction, and on any difficulties occasioned by the application of these rules of procedure.
<strong>ESA</strong>/REG/001, rev.2 Annex V, rev.1 Page 9 Rule 8. REFERAL OF MATTERS 8.1 A claim shall be referred to the Board within the time limits set under Article 53.6 of the Agency’s Procurement Regulations. 8.2 In the absence of a decision by the Agency’s Head of the Procurement Department within the time limits set under Article 53.4 of the Agency’s Procurement Regulations, the time limit set under Article 53.6 of the Agency’s Procurement Regulations shall be brought to 15 calendar days following the last calendar day by which the written decision foreseen under Article 53.4 of the Agency’s Procurement Regulations should have been notified to the claimant. 8.3 In the absence of a recommendation by the Agency’s Industrial Ombudsman within the time limits set under Article 53.3 of the Agency’s Procurement Regulations, the time limit set under Article 53.6 of the Agency’s Procurement Regulations shall be brought to 15 calendar days following the last calendar day by which the written recommendation foreseen under Article 53.3 of the Agency’s Procurement Regulations should have been notified to the claimant and the Head of the Agency’s Procurement Department. 8.4 In circumstances beyond the claimant's control, however, the Board may admit claims brought after the time limits laid down in Article 53.6 of the Agency’s Procurement Regulations. Rule 9. FORM OF THE REFERAL 9.1 In application of Article 53.6 of the Agency’s Procurement Regulations or Rules 8.2 or 8.3 above a matter shall be referred to the Board in the form of a written claim either in English or French, using the standard form established to that effect, addressed to the Chairman of the Board or in his absence to the deputy Chairman giving the subject matter of the dispute and a summary of the grounds on which the claim is based. 9.2 The claim shall be accompanied by the decision in writing which is challenged, unless the claim is based on the grounds of Rule 8.2 above, together with the decision taken by the Head of the Agency’s Procurement Department in application of Articles 51.4 if any and/or the recommendation foreseen under Article 53.3 of the Agency’s Procurement Regulations unless in the case of the latter the claim is based on the grounds of Rule 8.3 above. 9.3 In order to ease the review process, copies of the documents requested under Rules 9.1 and 9.2 may be send in parallel by electronic mail to the Chairman of the Board or in his absence to the deputy Chairman at a specific address set up for the purpose.
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