The Code concerns a member-binding resolution to which the members of the Association (by means of a declaration and self-assessment) conform towards the Association. The Code does not have any external function to which third parties can appeal. It is up to the members themselves to be accountable (according to the ‘apply or explain’ principle).

The monitoring of compliance with the Code has been assigned to an independent Advisory Board that reports to the General Assembly. The members of the Advisory Board are independent and experts and judge as good people in reasonableness and fairness in compliance with the Code and the goals of the Association. In doing so, thy adhere to strict confidentiality. The members of the Advisory Board are appointed by the General Assembly. They are entitled to a subsistence allowance. The Advisory Board has its own secretary/secretariat.

The Advisory Board has the following tasks:

• • reviewing and approving the declarations and self-assessments of the members that they comply with the Code and enquiring further as necessary (admissibility assessment);
  • monitoring the progress of implementation of the Code by members;
  • issuing of a recommendation concerning the behaviour of one or more members, based on a (forwarded) request by one of the bodies of the Association
  • noting complaints against one or more members of the Association, which have been submitted by one or more members or bodies of the Association, in accordance with the provisions of the Articles of Association and the General Rules of Procedure of the Association, and the issuing of a recommendation in this regard;
  • provision of solicited or unsolicited policy guidance on a particular theme or development in relation to the Code. This may include consulting Advisory Board experts or forming an expert board and requesting input;
  • provision of solicited or unsolicited advice regarding any concrete changes to the Code;
  • writing an Annual Report which describes the findings with regard to Code compliance, and with regard to the recommendations issued, recommendations on the further development of the Code and accountability of the performance of the Board’s tasks in the preceding year. The Annual Report will be issued to the General Assembly and will be published.

Due to the annual cycle of self-assessment and reports, the Code is constantly evolving. Based on findings, the Advisory Board may propose changes to the Code that can be adopted by the General Assembly and thus become part of the annual self-assessment.

The Advisory Board will review complaints about violations of this Code to the extent that no specific body is designated, as well as any questions concerning compliance with statements of self-regulatory bodies recognised by the Association (such as the CGR). This means that the Advisory Board does not duplicate the work of the CGR, for example, but acts if the complaint means that a ruling of the CGR is not adhered to. For standards for which no other self-regulatory assessment exists, the Advisory Board itself issues a substantive judgement.

It is common practice within the Association that members first try to reach an agreement in case of an alleged infringement of the Code, before submitting a complaint to the Advisory Board. The members are also asked that whenever possible signals about a correct compliance with the Code can arise, they will inform the board as soon as possible and preferably in advance In case a complaints or signal is submitted to the Advisory Board, it will in the handling thereof hear both sides of the argument.

The Advisory Board may be assisted by experts or external expert advice (such as the Code Commission of the CGR) in its investigation of the complaint and/or signal. The Advisory Board provides a recommendation to the Association (the Board of Directors), which may propose taking one or more measures.

The recommendation may entail:

• declaration that the complaint or the signal is unfounded;
• incentive measure with regard to the member against whom the complaint was addressed, to improve compliance with the Code;
• internal reprimand;
• public distancing of the member’s behaviour by publication in:
  – internal documents of the Association;
  – the Association’s website;
  – one or more industry trade journals, etc.;
  – regional media;
  – national media.
• recommendation to cancel member’s membership at the end of the year;
• recommendation to suspend membership with immediate effect;
• recommendation to expel the member from the Association with immediate effect.

The person who submitted the complaint and the member against whom the complaint or signal was directed may appeal against the decision of the Advisory Board at the General Assembly. The composition, powers and practices of the Advisory Board have been further elaborated in a Regulation.