1. Before taking any decision imposing a pecuniary sanction or periodic penalty payment under Article 22 or 23, the Executive Board shall give the persons subject to the proceedings the opportunity to be heard on the Authority’s findings. The Executive Board shall base its decisions only on findings on which the persons subject to the proceedings have had the opportunity to comment.
2. The rights of defence of the persons subject to the proceedings shall be fully respected during the proceedings. They shall be entitled to have access to the Authority’s file, subject to the legitimate interest of other persons in the protection of their business secrets. The right of access to the file shall not extend to confidential information or internal preparatory documents of the Authority.