ARTICLE 1: - emits - ESA
ARTICLE 1: - emits - ESA ARTICLE 1: - emits - ESA
ESA/REG/001, rev.2 Annex V,rev.1 Page 10 In case of conflict, the written claim and accompanying documents required under the provisions of Rule 9.1 above shall be considered as the original form of the referral. Rule 10. SUPPORTING DOCUMENTS 10.1 When presenting his claim the claimant shall produce any documentary evidence he may have, and, if possible, the text of the contested decision, as well as any of the decisions or recommendations whether made before or after the contested decision. 10.2 In the absence of a decision he must produce a copy of the petition which he had sent to the competent authority pursuant to Article 51 and/or Article 53 of the Agency’s Procurement Regulations. 10.3 Should the claimant's petition be insufficiently precise, the Chairman of the Board or in his absence the deputy Chairman shall summon him and take down his statements in writing in order to define the subject-matter of the claim. These statements shall then be signed by the claimant. 10.4 The petitions and documentary evidence in support, as well as all other documents submitted to the Board, shall be in English or French. Rule 11. WITHDRAWAL OF CLAIM 11.1 Once a matter is referred to the Board in the form prescribed under Rule 9 above, the claimant is free to withdraw his claim in writing at any time before the hearing foreseen under Rule 19 hereunder or orally during the said hearing. 11.2 The Chairman of the Board or in his absence the deputy Chairman shall accept the withdrawal provided that the withdrawal is unconditional and that the Agency, having been duly informed of the withdrawal request, has not raised any objection within a period of five working days where the withdrawal is made in writing or during the hearing. Rule 12. COMMUNICATIONS TO THE PARTIES 12.1 All communications to the parties shall be made in writing without delay and within the time limits fixed by the Board. 12.2 The Chairman of the Board or in his absence the deputy Chairman shall be responsible for the communication of documents to the parties.
ESA/REG/001, rev.2 Annex V, rev.1 Page 11 12.3 In order to ease the review process, copies of the communications may be sent in parallel by electronic mail to the parties. In case of conflict, the written claim and accompanying documents shall be considered as the original form of the referral. 12.4 Communications to the parties shall be in the language used by the claimant under the provisions of Rule 9.1 above. Rule 13. EVIDENCE SUBMITTED TO THE BOARD AND ACCESS 13.1 The Chairman of the Board or in his absence the deputy Chairman may request the parties to produce all documents and to supply all information which it considers desirable for the proceedings. 13.2 The Chairman of the Board or in his absence the deputy Chairman may furthermore at any time charge a person or body of its own choice to make an expert study. 13.3 The parties shall have access to all evidence submitted to the Board. Rule 14. COMMUNICATION BETWEEN THE PARTIES 14.1 The claim submitted in application of Article 53.6 of the Agency’s Procurement Regulations or Rules 8.2 or 8.3 above shall be transmitted immediately to the Head of the Agency’s Procurement Department, who shall make his comments thereon in writing within five working days from the lodging of the claim. These comments shall be conveyed to the claimant, who shall have five working days in which to present a written reply. 14.2 Communication between the parties shall be made in the language originally used by the claimant under the provisions of Rule 9.1 above. Rule 15. COMMUNICATION TO THE BOARD The claim, together with the documentary evidence produced, the Head of the Agency’s Procurement Department comments, and the claimant's reply, if any, shall be communicated by the Chairman of the Board or in his absence the deputy Chairman to the members of the Board not later than five working days after the claim was lodged and at least five working days before the date of the hearing at which they are to be considered.
- Page 163 and 164: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 165 and 166: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 167 and 168: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 169 and 170: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 171 and 172: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 173 and 174: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 175 and 176: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 177 and 178: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 179 and 180: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 181 and 182: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 183 and 184: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 185 and 186: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 187 and 188: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 189 and 190: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 191 and 192: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 193 and 194: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 195 and 196: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 197 and 198: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 199 and 200: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 201: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 204 and 205: ESA/REG/001, rev.2 Annex IV Page 2
- Page 206 and 207: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 208 and 209: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 210 and 211: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 212 and 213: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 216 and 217: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 218 and 219: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 220 and 221: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 222 and 223: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 224 and 225: ESA/REG/001, rev.2 Annex VI,rev.1 P
- Page 226 and 227: ESA/REG/001, rev.2 Annex VI,rev.1 P
- Page 228 and 229: ESA/REG/001, rev.2 Annex VI,rev.1 P
- Page 230 and 231: ESA/REG/001, rev.2 Annex VI,rev.1 P
- Page 232 and 233: ESA/REG/001, rev.2 Annex VI,rev.1 P
- Page 234 and 235: ESA/REG/001, rev.2 Annex VI,rev.1 P
- Page 236 and 237: ESA/REG/001, rev.2 Annex VI,rev.1 P
- Page 238 and 239: ESA/REG/001, rev.2 Annex VI,rev.1 P
<strong>ESA</strong>/REG/001, rev.2<br />
Annex V,rev.1<br />
Page 10<br />
In case of conflict, the written claim and accompanying documents required<br />
under the provisions of Rule 9.1 above shall be considered as the original form<br />
of the referral.<br />
Rule 10.<br />
SUPPORTING DOCUMENTS<br />
10.1 When presenting his claim the claimant shall produce any documentary evidence<br />
he may have, and, if possible, the text of the contested decision, as well as any of<br />
the decisions or recommendations whether made before or after the contested<br />
decision.<br />
10.2 In the absence of a decision he must produce a copy of the petition which he had<br />
sent to the competent authority pursuant to Article 51 and/or Article 53 of the<br />
Agency’s Procurement Regulations.<br />
10.3 Should the claimant's petition be insufficiently precise, the Chairman of the<br />
Board or in his absence the deputy Chairman shall summon him and take down<br />
his statements in writing in order to define the subject-matter of the claim.<br />
These statements shall then be signed by the claimant.<br />
10.4 The petitions and documentary evidence in support, as well as all other<br />
documents submitted to the Board, shall be in English or French.<br />
Rule 11.<br />
WITHDRAWAL OF CLAIM<br />
11.1 Once a matter is referred to the Board in the form prescribed under Rule 9<br />
above, the claimant is free to withdraw his claim in writing at any time before<br />
the hearing foreseen under Rule 19 hereunder or orally during the said hearing.<br />
11.2 The Chairman of the Board or in his absence the deputy Chairman shall accept<br />
the withdrawal provided that the withdrawal is unconditional and that the<br />
Agency, having been duly informed of the withdrawal request, has not raised<br />
any objection within a period of five working days where the withdrawal is<br />
made in writing or during the hearing.<br />
Rule 12.<br />
COMMUNICATIONS TO THE PARTIES<br />
12.1 All communications to the parties shall be made in writing without delay and<br />
within the time limits fixed by the Board.<br />
12.2 The Chairman of the Board or in his absence the deputy Chairman shall be<br />
responsible for the communication of documents to the parties.
Change language