11 Appeals
11.1 General
11.1.1
NBs have the right of
appeal
- To JTC 1 on a decision of an SC;
- To TMB/SMB on a decision of JTC 1;
- To the Councils on a decision of the TMB/SMB.
Appeals shall be made within two months after receipt by the P members
of the report of JTC 1 or SC on the relevant meeting or vote by
correspondence. The decision of the Councils on any case of
appeal is final.
11.1.2
A P member of JTC
1 or an SC may appeal against any
action, or inaction, on the part of JTC 1 or an SC when the P member
considers that such action or inaction is:
- Questions of principle are involved;
- The contents of a draft may be detrimental to the reputation of
IEC or ISO; or
- The point giving rise to objection was not known to JTC 1 or SC
during earlier discussions.
11.1.3
All appeals shall
be fully documented to support the NB’s
concern. The compliant shall state the nature of the objection(s)
including any direct and material adverse effects, the section(s) of
these procedures or the standard that are at issue, actions or inactions
that are at issue, and the specific remedial action(s) that would
satisfy the appellant’s concerns. Previous efforts to resolve the
objection(s) and the outcome of each shall be noted.
11.1.4
When an appeal is
against a decision respecting work in
progress, the work shall be continued, up to and including submission
of the final text to the ITTF (see 12.2.7.3
or 13.9).
11.2 Appeal Against
an SC Decision
11.2.1
The documented appeal
shall be submitted by the P member to the
JTC 1 Secretariat with copies to the ITTF.
11.2.2
Upon receipt, the JTC 1
Secretariat shall advise all its P
members of the appeal, and take immediate action, by correspondence or
at a meeting, to consider and decide on the appeal, consulting the
Secretaries-General in the process.
11.2.3
If JTC 1 supports
the SC, the P member who initiated the
appeal may either
- Accept the JTC 1 decision, or
- Appeal against it.
11.3 Appeal Against
a JTC 1 Decision
11.3.1
Appeals against a
JTC 1 decision may be of two kinds:
- an appeal against an original decision of JTC 1, or
- an appeal arising out of 11.2.3 above.
11.3.2
The documented
appeal shall, in all cases, be submitted to
the Secretaries-General, with a copy to the JTC 1 Chairman and
Secretariat.
11.3.3
The
Secretaries-General shall, following whatever
consultations they deem appropriate, refer the appeal together with
their comments to the TMB/SMB within one month after receipt of the
appeal.
11.3.4
The TMB/SMB shall
decide whether an appeal shall be
further processed or not. If the decision is in favour of
proceeding, the Chairmen of the TMB/SMB shall form a conciliation panel
(see 9.2).
The conciliation panel shall hear the appeal and attempt to resolve the
difference of opinion as soon as practicable. If the conciliation
panel is unsuccessful in its endeavours, it shall so report within
three months to the Secretaries-General, giving its recommendations on
how the matter should be settled.
11.3.5
The
Secretaries-General, on receipt of the report of the
conciliation panel, shall inform the TMB/SMB, which will make their
decision.
11.4 Appeal Against
a Decision of the TMB/SMBs
An appeal against a decision of the TMB/SMB shall be submitted to the
Secretaries-General with full documentation on all stages of the case.
The Secretaries-General shall refer the appeal together with their
comments to the members of the Councils within one month after receipt
of the appeal.
The Councils shall make their decision within three months.