ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/REG/001, rev.2 Annex V,rev.1 Page 14 19.7 Powers of the Chairman between sessions Between sessions of the Board, the Chairman or in his absence the deputy Chairman, or a member of the Board whom he shall designate to this end, shall give interim decisions concerning any measures which have been requested for the sole purpose of establishing any facts that may assist the Board's decision. As far as possible, both parties to the claim should be heard, and a report made to the Board in writing. 19.8 Establishment of facts - Report If necessary, and should the Board so decide, any investigation or hearing of witnesses may be conducted by one of its members or by any other person not a member of the Agency whom it may designate for the purpose. Proceedings for the establishment of facts under this paragraph shall, so far as possible, give a full hearing to both parties; a written report shall be made to the Board. Rule 20. DELIBERATIONS OF THE BOARD 20.1 Once the Chairman or in his absence the deputy Chairman has closed the hearing, the Board shall deliberate on its decision. 20.2 The Board's deliberation shall be held out of the presence of either party or of any other person. Nonetheless, the Board may enlist the aid of interpreters; in this case, the Chairman or in his absence the deputy Chairman will draw their attention to the fact that they are bound to secrecy. 20.3 The Procurement Review Board's deliberations shall be and remain secret. Rule 21. DECISIONS BY THE BOARD The Procurement Review Board shall not deliver its decision on a matter until it has afforded each of the two parties - or their representatives, counsel or advocates - the opportunity of making a final submission, either orally or in writing. 21.1 The decisions of the Procurement Review Board shall be made by a simple majority. However, should the Board consist of an even number of members, the Chairman or in his absence the deputy Chairman shall have the casting vote in the event of a tie. The grounds on which the Board's decisions are based shall be stated. The findings stated in the decisions shall cover all the facts and legal arguments put forward by the two parties.
<strong>ESA</strong>/REG/001, rev.2 Annex V, rev.1 Page 15 21.2 Where the decision of the Board grants financial compensation to the claimant such compensation shall in all cases be limited to the cost for tender preparation and the cost incurred for protest within the limit of 100 000 Euro laid down in Article 57 of the Agency’s Procurement Regulations. 21.3 The Board's decision shall be signed by the members of the Board who took part in the deliberations 21.4 The true copy of the Board's decision, certified by the Chairman or in his absence the deputy Chairman, shall give the full text of the grounds accepted by the Board, the name of the members of the Board who took part in the deliberations of the decision, and the date of the decision. Rule 22. COMMUNICATION OF THE DECISIONS OF THE BOARD. 22.1 The decision of the Board shall be communicated by the Chairman or in his absence the deputy Chairman, to the Director General, to the Head of the Agency’s Procurement Department, to the Agency’s Industrial Ombudsman and to the claimant within the time laid down in Article 55.3 of the Agency’s Procurement Regulations. It shall also be communicated to the Chairman of the Industrial Policy Committee. 22.2 Certified true copies of the Board's detailed decisions shall be sent to the parties within thirty days of being delivered. Where this time limit of thirty days cannot be respected, the Chairman or in his absence the deputy Chairman shall authorise its extension in a reasoned decision. 22.3 The decisions of the Board will be made public by the Agency once the certified true copies of the Board's detailed decisions have been sent to the parties. Nevertheless, the Board may decide that a decision shall only be made public with the name of the claimant or any other person mentioned therein, including that of members of the Board who took part in the deliberations, deleted. Rule 23. COST OF PROCEEDINGS 23.1 Agency’s cost The Agency shall in all cases bear its own costs as well as the cost of interpretation as provided under Rule 19.2 above and any expert study commissioned pursuant to Rule 13.2 above unless it is demonstrated by the Board that the claimant was not acting in good faith. In such case the cost incurred by the Agency shall be borne in full by the claimant.
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ARTICLE 1: - emits - ESA

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