Change to composition of Appeals Committee

Friday 4 August 2006
During the last three tender procedures of Stichting Incident Management Nederland, the Appeals Committee was made up of three individuals: an independent chairperson, a representative of Stichting Incident Management Nederland and a representative of the recovery sector. Stichting Incident Management Nederland had decided to continue working in this way for the current tender procedure. Negotiations took place over the past few months with various sector organisations about a representative from the recovery sector. It emerged during these negotiations that it was not possible to appoint a single representative of the recovery sector, acceptable to all parties.

Stichting Incident Management Nederland has therefore decided to make changes to the originally-intended composition of the Appeals Committee. The Committee will now consist of just one independent person, namely Mr. J.S.W. Holtrop, Justice at the Court in The Hague and Chairman of the Regional Disciplinary Tribunal for Healthcare in Amsterdam. There will be no representatives from the recovery sector or from Stichting Incident Management Nederland in the Committee.

Stichting Incident Management Nederland is convinced that these changes will not influence the effectiveness of the Appeals Committee. Nonetheless, Stichting Incident Management Nederland believes that in connection with this change, which was not known to the recovery companies at the moment of submitting bids, the condition that all objections against awarding decisions must first be submitted to the Appeals Committee (and only thereafter possibly to the ordinary courts) will be dropped. The new situation means that the recovery company can choose between the Appeals Committee and the ordinary courts. Opting for the Appeals Committee means opting for a binding advice procedure. If the recovery operator opts for this binding advice procedure, he does so in the knowledge that the Appeals Committee consists (exclusively) of Mr. Holtrop, whereby he accepts that he will be bound by the judgement of the Appeals Committee.

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