I. – The composition of the National Enforcement Committee is communicated to the respondent, who may request that one of its members be challenged if there are serious grounds for doubting the member’s impartiality.
The request for recusal must be submitted to the General Secretariat by the accused party or his representative within eight days of the discovery of the reason for recusal or, in the case of the rapporteur, within eight days of notification of the decision appointing him. To be accepted, the request must be addressed to the committee member concerned, state the precise reasons for the challenge and be accompanied by the relevant supporting documents.
A receipt will be issued for the request.
II. – The member of the Committee who is the subject of the application for disqualification receives a copy of the application. Within eight days of this communication, he shall state in writing either his agreement to the challenge or the grounds on which he opposes it. If he agrees, the Committee shall rule on the matter in question in his absence.
If he contests the grounds for the challenge or fails to reply, the challenge request is examined by the committee without his participation. He is then replaced by his alternate.
The committee decides on the application for disqualification in an unreasoned decision.
The committee’s decision on the application for recusal may only be challenged before a court of law together with the sanction decision.