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ARTICLE 1: - emits - ESA

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

Annex V, rev.1<br />

Page 11<br />

12.3 In order to ease the review process, copies of the communications may be sent in<br />

parallel by electronic mail to the parties.<br />

In case of conflict, the written claim and accompanying documents shall be<br />

considered as the original form of the referral.<br />

12.4 Communications to the parties shall be in the language used by the claimant<br />

under the provisions of Rule 9.1 above.<br />

Rule 13.<br />

EVIDENCE SUBMITTED TO THE BOARD AND ACCESS<br />

13.1 The Chairman of the Board or in his absence the deputy Chairman may request<br />

the parties to produce all documents and to supply all information which it<br />

considers desirable for the proceedings.<br />

13.2 The Chairman of the Board or in his absence the deputy Chairman may<br />

furthermore at any time charge a person or body of its own choice to make an<br />

expert study.<br />

13.3 The parties shall have access to all evidence submitted to the Board.<br />

Rule 14.<br />

COMMUNICATION BETWEEN THE PARTIES<br />

14.1 The claim submitted in application of Article 53.6 of the Agency’s Procurement<br />

Regulations or Rules 8.2 or 8.3 above shall be transmitted immediately to the<br />

Head of the Agency’s Procurement Department, who shall make his comments<br />

thereon in writing within five working days from the lodging of the claim. These<br />

comments shall be conveyed to the claimant, who shall have five working days<br />

in which to present a written reply.<br />

14.2 Communication between the parties shall be made in the language originally<br />

used by the claimant under the provisions of Rule 9.1 above.<br />

Rule 15.<br />

COMMUNICATION TO THE BOARD<br />

The claim, together with the documentary evidence produced, the Head of the<br />

Agency’s Procurement Department comments, and the claimant's reply, if any,<br />

shall be communicated by the Chairman of the Board or in his absence the<br />

deputy Chairman to the members of the Board not later than five working days<br />

after the claim was lodged and at least five working days before the date of the<br />

hearing at which they are to be considered.

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