A member of the ESK is excluded from the discussion if
1. he/she is involved in a licensing or supervisory procedure that is the object of the discussion of the ESK, or
2. he/she is in paid employment at or is a member of the executive board, the board of directors or an equivalent organ of an organisation involved in a licensing or supervisory procedure (this does not apply to employment at a public-law institution), or
3. he/she has given an expert opinion for, provided advice to or acted in any other way on behalf of the applicant or anyone subjected to a supervisory measure on the matter that is to be discussed by the Commission.
The Commission decides in the absence of the member to be excluded about his/her exclusion. The member excluded is excluded from the discussion and decision-making, but may be heard during the meeting.