Appeal mechanism 

To specify the actions required to proceed and decide upon appeals from CEN Members against a decision, an action or inaction within the CEN System and to communicate the decisions taken.

This procedure applies to the CEN General Assembly (AG), the CEN Secretary General (SG), the CEN Administrative Board (CA), the CEN Technical Board (BT), the CEN Members and the CEN Management Centre (CMC).
 

3.1   A CEN Member (originator) considers that a decision, an action or an inaction within the system needs arbitration and decides to submit an appeal.

3.2  The originator submits the documented appeal (including at least clear and consistent arguments and the various correspondence exchanged on the topic) to the SG. In the particular case of a meeting decision or results of voting this shall be done within 2 months after receipt, by the members, of the report of the relevant meeting or of the report of the vote by correspondence. In the case of a formal vote on a prEN, this 2 month-period begins the day after the closure of the formal vote on E-Balloting at which time the voting report is available to the members.

3.3  The CMC, on behalf of the SG, acknowledges to the originator safe receipt of the appeal and communicates it to the appropriate body (see clause 3.5) within 1 month.

3.4  The appropriate body either

• decides on the appeal (omit 3.6), or
• decides that further processing of the appeal is needed.

3.5   Appeals related to the standards making process and decisions taken within that process (including any against the CMC) shall be considered and ruled upon by the Technical Board (BT), except that appeals against decisions of BT or CA which shall be considered by the General Assembly (AG).

In case the appeal is decided upon by the BT and the originator does not agree with the decision reached, the originator has the right to submit the appeal to the AG for further action. The decision of the AG on any appeal shall be final.

3.6   The CMC shall attempt to find a solution to the appeal through all means possible. If a solution through these means cannot be achieved, the Chairperson of the BT or the CEN President, as applicable, convenes an impartial conciliation panel which will hear the appeal as soon as practicable and attempt to resolve any differences of opinion. He subsequently reports the panel's findings respectively to the BT or AG, with appropriate recommendations. The BT or AG will then consider the recommendations and decide on the appeal.

While an appeal is being considered, if there is any relevant work in progress, it shall be continued up to and including the approval stage. However, ratification cannot take place and the deliverable shall not be made available, until the decision on the appeal has been taken.

3.7  The CMC communicates the decision on the appeal to the originator.