COMPLAINTS, APPEALS AND DISPUTES - ENGLISH

Appeals, complaints and disputes, received by any means, are collected according to their type: appeals (direct claims to obtain the protection of a right or an interest), complaints (protest or complaint), appeals (not acceptance of a decision) , litigation (set of disputes between ICEP and certified Personnel).

Complaints

Certified Personnel may file a written complaint to ICEP if they believe that the quality of the certification, maintenance or renewal service offered does not comply with the provisions of this regulation. Anyone can then submit a complaint to ICEP in relation to their certified Personnel.

The complaint must be presented to ICEP by any means (e-mail or fax or by post) but always in writing, reporting exactly the subject of the complaint and clear references to objective evidence that support the complaint itself, complaints cannot be anonymous. In the absence of the elements referred to in this paragraph, the complaint will not be taken over by ICEP and no response is due to the person who filed the complaint.

The complaint is always brought to the attention of the Management System Manager who, having verified the completeness of the information and the presence of all the necessary information, decides on the validity of the same by verifying even if it concerns its own certification activities. In any case, it shall take the appropriate corrective action to ensure traceability and correct registration of each phase of the treatment process that must be constructive, impartial and timely.

At the end of the management process that is expected - except in special cases - has a duration of no more than 5 working days, ICEP communicates in any written manner (e-mail, fax, mail) formal notice of the end of the treatment process or, failing that, update the complainant on the progress of the complaint itself. At every stage of the complaint process, ICEP guarantees that no Personnel involved in the subject matter of the complaint are involved.

Finally, if the complaint concerns a certified ICEP person, he will notify the complaint, any requests for clarifications or comments regarding the complaint, the progress and the end of the complaint process, guaranteeing it - in terms of the law - any need for confidentiality.

Appeals

Certified Personnel may appeal against ICEP decisions, explaining the reasons for dissent, within 5 working days from the date of notification of the decision. The appeal is the notification of non-acceptance of a decision taken by ICEP and must be submitted to ICEP, under penalty of non-acceptance, always in any written form (e-mail, fax, post) attaching to it every objective evidence to support the appeal lodged against the ICEP decision.

Once received the appeal ICEP undertakes to examine it within 10 working days of its presentation, possibly hearing the certified Personnel and/or other subjects involved.

The appeal is brought directly to the attention of the CEO of ICEP who, having heard the Management System Manager (also evaluating the results of any previous similar appeals), initiates corrective action and decides on the validity, on the treatment of it and therefore on the need to re-examine or not a decision taken. In the event that the appeal is deemed to be founded, the CEO assigns to another Examiner and/or Reviewer the dossier in order to arrive at a new ICEP decision that may be against the applicant or not.

The involvement of the Personnel other than the one involved in the appeal ensures that every appeal is treated by ICEP in a constructive and impartial manner, avoiding any discriminatory action against the applicant.

ICEP always provides in written form and by any means (e-mail, fax or mail) to notify the applicant of the receipt, progress and outcome of the appeal itself.

Every expense related to the appeal remains the responsibility of the certified Personnel who promoted it, except in cases of recognized merits.

Disputes

Any controversy arising from the application of these Regulations will be referred to an arbitration board that will be based in Bratislava - SK and which will be composed of three arbitrators:

• one appointed by ICEP;
• one by certified Personnel;
• the third (with the functions of chairman) appointed by the first two in agreement with each other or, if in disagreement, by the President of the Italian-Slovak Chamber of Commerce, who will also be responsible for appointing the arbitrator for that part who, invited to appoint its own arbitrator has failed to provide it within thirty days of receipt of the nomination notice sent by the other party.

The jury will set the rules of the procedure in relation to the particular nature of the dispute, and remaining as mandatory only the compliance of the adversarial principle.

The arbitrators will decide according to the law within ninety days from the date of the constitution report. The costs of the arbitration will be borne by the losing party.

Applicable law and competent court

This Regulation and the Certification Contract are subject to the law of the Slovak Republic.

Place of jurisdiction: Bratislava - SK.