Q&A 2021-009
Appendix R, Rule R5; Inadequate Facts; Reopening
Additional facts provided by the protest committee under appendix R5 are clarifications; therefore the national authority shall disclose them to the parties as required by rule R4.3.
Situation
While considering an appeal a national authority required the protest committee to provide additional facts as provided in rule R5. The protest committee promptly sent the additional facts to the national authority.

Question 1
Is the national authority required to disclose the additional facts to the parties?

Answer 1
Yes.

Additional facts provided by the protest committee under appendix R5 are clarifications; therefore the national authority shall disclose them to the parties as required by rule R4.3.
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