Commission Regulation (EC) No 771/2008 of 1 August 2008 laying down the rules of organisation and procedure of the Board of Appeal of the European Chemicals Agency (Text with EEA relevance)
Date: 2008-08-01
Institutions: European Commission
Subjects: European Chemicals Agency, appeal to an administrative authority, operation of the Institutions

2.8.2008

EN

Official Journal of the European Union

L 206/5

COMMISSION REGULATION (EC) No 771/2008

of 1 August 2008

laying down the rules of organisation and procedure of the Board of Appeal of the European
Chemicals Agency

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Chairman and two other members, each of whom shall
have alternates. It is essential for the Chairman to ensure
the quality and consistency of the decisions of the Board
of Appeal.

(5)

(6)

(7)

(8)

(9)

of Chemicals

the
Having regard to Regulation (EC) No 1907/2006 of
European Parliament and of
the Council of 18 December
2006 concerning the Registration, Evaluation, Authorisation
and Restriction
a
European Chemicals Agency, amending Directive 1999/45/EC
and repealing Council Regulation (EEC) No 793/93 and
Commission Regulation (EC) No 1488/94 as well as Council
Directive 76/769/EEC and Commission Directives 91/155/EEC,
93/67/EEC, 93/105/EC and 2000/21/EC (1), and in particular
Articles 93(4) and 132 thereof,

establishing

(REACH),

Whereas:

(1)

(2)

(3)

Regulation (EC) No 1907/2006 empowers the European
Chemicals Agency, hereinafter the ‘Agency’, to take indi­
vidual decisions on the registration and evaluation of
chemicals, and establishes a Board of Appeal to decide
referred to in
on appeals
Article 91(1) of that Regulation.

the decisions

against

Since Regulation (EC) No 1907/2006 lays down only
it is necessary
basic rules regarding appeal procedures,
to provide for detailed rules on organisation of
the
Board of Appeal as well as
for detailed rules of
procedure applicable to appeals before that Board.

defined

In order to ensure a balanced evaluation of appeals from
a legal and technical point of view, both legally and
technically qualified members of the Board of Appeal
as
(EC) No
in Commission Regulation
1238/2007 of 23 October 2007 on laying down rules
on the qualifications of the members of the Board of
the European Chemicals Agency (2) should
Appeal of
participate in each appeal.

(4)

According
1907/2006, the Board of Appeal

to Article 89 of Regulation (EC) No
is to consist of one

(10)

To facilitate the handling of appeals, a rapporteur should
be designated for each case and his tasks should be
determined.

To ensure that the Board of Appeal can operate smoothly
and efficiently, a Registry should be established under its
auspices.

For the same reasons, the Board of Appeal should be
empowered to lay down rules for its own functioning
and procedure.

In order to enable the Board of Appeal to reach final
decisions within a reasonable time, the number of the
members of the Board of Appeal may be increased by
the Management Board of the Agency in accordance with
the second subparagraph of Article 89(3) of Regulation
(EC) No 1907/2006. Accordingly, the Board of Appeal
should be empowered to lay down criteria for the allo­
cation of cases between its members.

Proof of payment of the appeal fee which is required for
any appeal pursuant to Commission Regulation (EC) No
340/2008 of 16 April 2008 on the fees and charges
payable to the European Chemicals Agency pursuant to
the European
Regulation (EC) No 1907/2006 of
Parliament and of
the Council on the Registration,
Evaluation, Authorisation and Restriction of Chemicals
(REACH) (3) should be attached to the notice of appeal
and should be a condition for the admissibility of the
appeal.

If necessary and on the basis of experience in the appli­
cation of this Regulation, the Commission should review
the effectiveness of its provisions and their operation in
practice, and amend them where appropriate.

(1) OJ L 396, 30.12.2006, p. 1, as corrected by OJ L 136, 29.5.2007,
p. 3. Regulation as amended by Council Regulation (EC) No
1354/2007 (OJ L 304, 22.11.2007, p. 1).

(2) OJ L 280, 24.10.2007, p. 10.

(3) OJ L 107, 17.4.2008, p. 6.

L 206/6

EN

Official Journal of the European Union

2.8.2008

(11)

The measures provided for in this Regulation are in
accordance with the opinion of the Committee estab­
lished under Article 133 of Regulation (EC) No
1907/2006,

HAS ADOPTED THIS REGULATION:

CHAPTER I

Organisation of the Board of Appeal

S e c t i o n 1

T h e B o a r d o f A p p e a l

Article 1

Composition

Each appeal shall be decided by three members of the
the Agency, hereinafter ‘the Board of

1.
Board of Appeal of
Appeal’.

leave, sickness, unavoidable commitments of

that
event of
member or where,
is
precluded from participating in the proceedings. The criteria
for selection of an alternate shall be prescribed in accordance
with the procedure set out in Article 27(3).

that member

for other

reasons,

If a member is unable to ask for replacement, the Chairman
may replace him on his own initiative.

The Chairman may reject a request for a replacement only by a
reasoned decision.

If
the Chairman is precluded from participating in the
proceedings, he shall designate his alternate. If the Chairman
is unable to do so, the longer serving of the other members
deciding the appeal, or, where those other members have the
same length of service on the Board of Appeal,
the older
member shall designate the alternate.

At least one member shall be legally qualified and at least one
member shall be technically qualified in accordance with Regu­
lation (EC) No 1238/2007.

3.
If a member is replaced before a hearing has been held,
the proceedings shall not be suspended and the replacement
shall be without prejudice to any procedural steps already taken.

The Chairman of the Board of Appeal, or one of his

2.
alternates, shall preside over all appeals.

If a member is replaced after a hearing has been held, the
hearing shall be held again unless the parties, the alternate
two members deciding the appeal agree
and the other
otherwise.

The Chairman shall ensure the quality and consistency of

3.
the decisions of the Board of Appeal.

Article 2

Exclusion of members

Where the procedure under Article 90(7) of Regulation (EC) No
1907/2006 is applied, the member of the Board of Appeal
concerned shall be invited to present his comments regarding
the reasons for any objection raised under Article 90(6) of that
Regulation before a decision is taken.

Pending a decision under Article 90(7) of that Regulation, the
proceedings shall be suspended.

4.
If a member is replaced, the alternate concerned shall be
bound by any interim decision taken prior to that replacement.

5.
The absence of a member after the Board of Appeal has
taken a final decision shall not preclude the Board of Appeal
from carrying out the remaining procedural steps.

If the Chairman is unable to sign the decision or to carry out
other remaining procedural steps,
the longer serving of the
other members deciding the appeal, or, where those other
members have the same length of service on the Board of
Appeal,
those steps on
behalf of the Chairman.

the older member shall carry out

Article 3

Replacement of members

Article 4

Rapporteur

1.
The Board of Appeal shall replace a member by an
alternate where it decides to exclude him from the proceedings
in accordance with Article 90(7) of Regulation (EC) No
1907/2006.

1.
The Chairman shall designate one of the other members
deciding an appeal as rapporteur for the case or fulfil that
function himself, taking into consideration the need to ensure
a balanced distribution of workload between all members.

2.
The Chairman may replace any member of the Board of
Appeal, at the request of that member, by an alternate in the

The rapporteur shall carry out a preliminary study of the

2.
appeal.

2.8.2008

EN

Official Journal of the European Union

L 206/7

The Board of Appeal may, upon a proposal from the
3.
rapporteur, prescribe any of the procedural measures provided
for in Article 15.

(a)

the name and address of the appellant;

The implementation of those measures may be entrusted to the
rapporteur.

4.

The rapporteur shall prepare a draft decision.

S e c t i o n 2

T h e R e g i s t r y

Article 5

Registry and Registrar

(b) where the appellant has appointed a representative,
name and the business address of the representative;

the

(c) an address for service, if different from those under points

(a) and (b);

(d) the reference of the decision which is being contested and

the remedy sought by the appellant;

(e)

the pleas in law and the arguments of fact and law relied
on;

the auspices of

The Registry is hereby established within the Agency
1.
under
the Board of Appeal. The person
appointed as Registrar under paragraph 5 shall be the head of
the Registry.

(f) where appropriate, the nature of any evidence offered and a
statement explaining the facts for which the evidence is
offered in support;

2.
The task of the Registry shall be the receipt, transmission
and custody of documents, and the effecting of other services as
provided for by this Regulation.

(g) where appropriate, an indication as to what information in
the notice of appeal is to be regarded as confidential;

A Register of appeals shall be kept in the Registry in
and related

to all notices of

appeal

3.
which references
documents are entered.

The staff of the Registry, including the Registrar, may not
the Agency relating to
appeals under

4.
participate in any proceedings of
decisions which may be
Article 91(1) of Regulation (EC) No 1907/2006.

subject of

the

5.
The Board of Appeal shall be assisted in the exercise of its
duties by a Registrar, who shall be appointed by the Executive
Director on a proposal by the Chairman.

The Chairman shall have the power to give directions to the
Registrar on matters relating to the exercise of the functions of
the Board of Appeal.

The Registrar shall verify that the time limits and other
relating to the lodging of appeals are

6.
formal conditions
complied with.

(h) an indication whether the appellant agrees that service is to
be effected on him or, where appropriate, on his represen­
tative by telefax, e-mail or other technical means of commu­
nication.

2.
Proof of payment of the appeal fee pursuant to Article 10
of Regulation (EC) No 340/2008 shall be attached to the notice
of appeal.

is a legal person,

Where the appellant
the instrument or
instruments constituting and regulating that legal person or a
recent extract from the register of companies, firms or asso­
ciations or any other proof of its existence in law shall also be
attached.

If

a notice of

appeal does not

comply with the
3.
requirements set out in paragraph 1(a) to (d) and paragraph
2,
the Registrar shall prescribe a reasonable period within
which the appellant is to comply with them. The Registrar
may prescribe such period only once.

General instructions to the Registrar shall be adopted in

7.
accordance with the procedure set out in Article 27(3).

During that period, time shall not run for the purposes of the
time limit set out
in Article 93(2) of Regulation (EC) No
1907/2006.

CHAPTER II

The procedure

Article 6

Notice of appeal

1.

The notice of appeal shall contain:

If an irregularity is detected which is liable to make an
inadmissible, the Registrar shall, without delay, send a

4.
appeal
reasoned opinion to the Chairman.

Where the Registrar prescribes a period in accordance with
paragraph 3, he shall send such opinion after that period has
expired if the irregularity has not been corrected.

L 206/8

EN

Official Journal of the European Union

2.8.2008

The Registrar shall serve the notice of appeal on the

5.
Agency without delay.

Article 8

Intervention

An announcement shall be published on the website of
6.
the Agency,
indicating the date of registration of an appeal
initiating proceedings, the names and addresses of the parties,
the subject matter of the proceedings, the remedy sought by the
appellant and a summary of the pleas in law and of the main
supporting arguments.

The Chairman shall decide whether information indicated by an
appellant pursuant to paragraph 1(g) is to be regarded as confi­
dential and shall ensure that any information which is regarded
as confidential
is not published in the announcement. The
practical details of publication shall be prescribed in accordance
with the procedure set out in Article 27(3).

Article 7

Defence

The Agency shall

1.
after service of the notice of appeal.

lodge the defence within two months

1.
Any person establishing an interest in the result of the
case submitted to the Board of Appeal may intervene in the
proceedings before the Board of Appeal.

An application stating the circumstances establishing the
2.
right to intervene shall be submitted within two weeks of publi­
cation of the announcement referred to in Article 6(6).

The

3.
opposing the remedy sought by one of the parties.

intervention shall be

limited to supporting or

4.

The application to intervene shall contain:

(a)

the name and address of the intervener;

(b) where the intervener has appointed a representative, the

name and the business address of the representative;

The Chairman may, in exceptional circumstances, extend that
time limit on a reasoned application by the Agency.

(c) an address for service, if different from those under points

(a) and (b);

2.

The defence shall contain:

(d) a statement of

(a) where the Agency has appointed a representative, the name

and the business address of the representative;

(b) the pleas in law and the arguments of fact and law relied

on;

(c) where appropriate, the nature of any evidence offered and a
statement explaining the facts for which the evidence is
offered in support;

(d) where appropriate, an indication as to what information in

the defence is to be regarded as confidential;

(e) an indication whether the Agency agrees that service is to
be effected on it or, where appropriate, on its representative,
by telefax, by e-mail or other technical means of commu­
nication.

support of or opposing,
sought by one of the parties;

the remedy sought by the intervener in
in whole or in part, the remedy

(e)

the pleas in law and the arguments of fact and law relied
on;

(f) where appropriate, the nature of any evidence offered in

support;

(g) where appropriate, an indication as to what information in
the application to intervene is to be regarded as confidential;

(h) an indication whether the intervener agrees that service is to
be effected on him or, where appropriate, on his represen­
tative by telefax, e-mail or other technical means of commu­
nication.

The Board of Appeal shall decide whether or not to allow

5.
the application to intervene.

3. Where the Agency, despite being duly summoned, fails to
lodge a defence,
the proceedings shall continue without a
defence.

6.

Interveners shall bear their own costs.

2.8.2008

EN

Official Journal of the European Union

L 206/9

Article 9

Representation

Where a party or intervener has appointed a representative, that
representative shall provide a power of attorney.

Article 10

Lodging of procedural documents

1.

All pleadings shall be signed and bear a date.

2.
For the purposes of calculating time limits, a document
shall not be considered to have been lodged until it is received
at the Registry.

3.
A party or an intervener shall submit documents to the
Registry by hand or by post. However, the Board of Appeal may
allow documents of a party or an intervener to be lodged by
telefax, e-mail or by any other technical means of communi­
cation.

Regulation (EC) No 1907/2006, the appeal shall be remitted to
the Board of Appeal for examination of the grounds and the
admissibility. The decision on admissibility shall form part of
the final decision.

Article 12

Examination of appeals

1.
No further evidence may be introduced after the first
exchange of written pleadings unless the Board of Appeal
decides that the delay in offering the evidence is duly justified.

2.
No new plea in law may be introduced after the first
exchange of written pleadings unless the Board of Appeal
decides that it is based on new matters of law or of fact that
come to light in the course of the proceedings.

3. Where appropriate, the Board of Appeal shall invite the
parties to the proceedings to submit observations on notifi­
cations issued by the Board of Appeal or on communications
from the other party or from the interveners.

The rules governing the use of means of technical communi­
shall be
cation,
including the use of electronic signature,
adopted in accordance with the procedure
in
Article 27(3).

set out

The Board of Appeal
shall
submission of the observations.

set a reasonable period for

Article 11

Admissibility of the appeal

The Board of Appeal shall notify the parties of the closure

4.
of the written part of the proceedings.

The grounds on which an appeal shall be ruled inad­

1.
missible shall include the following:

Article 13

Hearings

(a)

in compliance with the
the notice of appeal
requirements set out in Article 6(1)(a) to (d) and (2) and
Article 9 of this Regulation;

is not

The Board of Appeal shall hold a hearing if it considers

1.
this to be necessary or if a party so requests.

(b) the appellant has exceeded the time limit for submitting an
in Article 92(2) of Regulation (EC)

appeal as set out
No 1907/2006;

The request shall be submitted within two weeks from notifi­
cation to the party of the closure of the written part of the
proceedings. This period may be extended by the Chairman.

(c)

the appeal is not brought against a decision referred to in
Article 91(1) of Regulation (EC) No 1907/2006;

The summons to the hearing shall be communicated to

2.
the parties by the Registry.

(d) the appellant

the decision
is neither an addressee of
contested by the appeal nor able to establish direct and
individual concern according to Article 92(1) of Regulation
(EC) No 1907/2006.

If a party who has been duly summoned to a hearing does
the proceedings may continue

summoned,

3.
not appear as
without that party.

2.
If the Chairman does not decide on the admissibility of
the appeal within the time limit laid down in Article 93(2) of

Hearings before the Board of Appeal shall be public,
the

4.
unless the Board of Appeal, of
its own motion or at
request of a party, decides otherwise, for serious reasons.

L 206/10

EN

Official Journal of the European Union

2.8.2008

The hearing shall be opened and directed by the

5.
Chairman, who shall be responsible for its proper conduct.

The Chairman and the other members may put questions to the
parties or their representatives.

The Registrar shall be responsible for drawing up minutes

6.
for every hearing.

The minutes shall be signed by the Chairman and the Registrar
and shall constitute an official record.

Before the minutes are signed, witnesses or experts shall be
given an opportunity to verify and confirm the content of the
parts of minutes recording their evidence.

At the request of an intervener, and after the parties have
4.
been heard, the Board of Appeal may authorise the intervener
to use an official language of the Community other than the
language of the case.

5. Where a witness or expert states that he is unable to
express himself adequately in the language of the case, the
Board of Appeal may authorise him to use another official
language of the Community.

6. Where the Board of Appeal authorises the use of a
language other than the language of
the Registry
shall arrange for translation or interpretation.

the case,

Article 15

Procedural measures

The Board of Appeal may prescribe procedural measures

1.
at any point in the proceedings.

7.
The hearing may be held by video-conference or by using
other communication technology if the technical means are
available.

2.
be:

The purpose of procedural measures shall,

in particular,

Article 14

Use of languages

(a)

to ensure the efficient conduct of the proceedings and to
facilitate the taking of evidence;

The language in which the notice of appeal has been

1.
lodged shall be the language of the case on appeal.

(b) to determine the points on which the parties must present

further arguments;

If the appellant is the addressee of the decision against which
the appeal is brought, the notice of appeal shall be lodged in the
language of the decision or in one of the official languages of
the Community appearing in the submission which gave rise to
the decision, including in any information submitted pursuant
to Article 10(a)(i) of Regulation (EC) No 1907/2006.

(c)

to clarify the remedies sought by the parties, their pleas in
law and arguments and the points at issue between them.

3.

Procedural measures may, in particular, consist of:

(a) putting questions to the parties;

2.
The language of the case shall be used in the written and
oral proceedings and in the minutes and decisions of the Board
of Appeal.

(b) inviting the parties to make written or oral submissions on

certain aspects of the proceedings;

Any supporting documents in another language shall be accom­
panied by a translation into the language of the case.

In the case of lengthy documents, translations may be confined
to extracts. However, the Board of Appeal may, of its own
motion or at the request of a party, at any time require a
more extensive or complete translation.

3.
At the request of a party, and after the other party has
been heard, the Board of Appeal may authorise the use of an
official language of the Community other than the language of
the case for all or part of the proceedings.

(c) asking the parties or third parties for information;

(d) asking for documents relating to the case to be produced;

(e) summoning the parties or their representatives to meetings;

(f) drawing attention to matters which seem to be of special
significance, or to the fact that certain questions appear no
longer to be contentious;

(g) making observations that may help to keep the focus on

essentials during the proceedings.

2.8.2008

EN

Official Journal of the European Union

L 206/11

Article 16

Evidence

Witnesses who are summoned by and who appear before the
Board of Appeal shall also be entitled to appropriate compen­
sation for loss of earnings.

In proceedings before the Board of Appeal, the means of

1.
taking evidence may include:

(a) requests for information;

(b) the production of documents and items;

(c) hearing the parties or witnesses;

(d) opinions by experts.

Detailed rules on the taking of evidence shall be laid down in
accordance with the procedure set out in Article 27(3).

2.
If the Board of Appeal considers it necessary for a party,
witness or expert to give evidence orally, it shall summon the
person concerned to appear before it.

3.
The parties shall be informed where a witness or expert is
to be heard before the Board of Appeal. They shall have the
right to be present and to put questions to the witness or
expert.

Experts who are not members of the staff of the Agency shall
be entitled to fees for their work.

2.
Payments shall be made to the witnesses after they have
given their evidence and to the experts after they have fulfilled
their duties or tasks. However, an advance payment may be
made.

The Management Board of the Agency shall

3.
lay down
rules for calculation of the amounts and advances to be paid.

4.
Detailed rules shall be laid down, in accordance with the
procedure set out in Article 27(3) and in agreement with the
Management Board, regarding the following:

(a) who bears the costs with regard to the taking of evidence;

(b) the arrangements for any payments for reimbursement,

compensation and fees to the witnesses and experts.

The parties may object to an expert or witness on the grounds
of lack of competence in relation to the appeal. Where such an
objection is raised, the matter shall be resolved by the Board of
Appeal.

5.
The rules referred to in paragraphs 3 and 4 shall take into
account, as appropriate, comparable rules existing in other areas
of Community law.

4.
Prior to giving evidence, each expert or witness shall
declare any personal interest which he may have in the case,
or if he has previously been involved as a representative of one
of the parties, or if he participated in the decision under appeal.

Where the expert or witness fails to make such a declaration
himself, the parties may bring the matter to the attention of the
Board of Appeal.

5.
An objection to a witness or to an expert shall be raised
within two weeks of
the parties being given notice of
the
the witness or appointing the expert. The
summoning of
party shall present the grounds of its objection and indicate
the nature of any evidence offered to support it.

6. Where a witness or expert has given evidence,
evidence shall be reproduced in the minutes.

that

Article 17

Costs relating to taking of evidence

Article 18

Competence

If the Board of Appeal remits the case to the competent body of
the Agency in accordance with Article 93(3) of Regulation (EC)
No 1907/2006, the latter shall be bound by the reasoning in
the decision of the Board of Appeal save in so far as a change
in circumstances occurs.

Article 19

Deliberations

1.
Only the three members of the Board of Appeal deciding
an appeal shall participate in the deliberations regarding that
appeal. Deliberations shall be and shall remain secret.

During the deliberations, each member shall state his

2.
opinion and the reasons for it.

1. Witnesses and experts who are summoned by and who
appear before the Board of Appeal shall be entitled to appro­
priate reimbursement of expenses for travel and subsistence.

The opinion of the rapporteur shall be heard first and, if the
rapporteur is not the Chairman, the opinion of the Chairman
last.

L 206/12

EN

Official Journal of the European Union

2.8.2008

Article 20

Voting

Final decisions of the Board of Appeal shall be published
in an appropriate form, unless the Chairman decides

5.
in full
otherwise on the reasoned request of a party.

If voting is necessary, votes shall be cast
in the sequence
provided for in the second subparagraph of Article 19(2).
However, if the Chairman is also the rapporteur, he shall vote
last.

Decisions shall be taken by a majority of votes.

Abstentions shall not be permitted.

Article 21

Decisions

1.

The decision shall contain:

(a) a statement that the decision is delivered by the Board of

Appeal;

(b) the date when the decision was taken;

(c)

the names of the members of the Board of Appeal who
have taken part in the proceedings;

(d) the names of the parties and the interveners to the appeal

and their representatives in the proceedings;

(e) a statement of the remedy sought by the parties;

(f) a summary of the facts;

(g) the grounds on which the decision is based;

(h) the order of

the Board of Appeal,

including, where
necessary, an award of costs for taking evidence and a
decision as to the refund of fees pursuant to Article 10(4)
of Regulation (EC) No 340/2008.

Article 22

Service of documents

The Registrar shall ensure that the decisions and communi­
cations of the Board of Appeal are served on the parties and
on the interveners.

Service shall be effected by one of the following means:

1. registered post with a form for acknowledgement of receipt;

2. personal delivery of the copy against a receipt;

3. any technical means of communication available to the
Board of Appeal which the party or its representative has
agreed to accept for such purposes.

Article 23

Time limits

1.
Any period prescribed by or set under Regulation (EC) No
1907/2006 or this Regulation for the purposes of appeal
proceedings shall be calculated in accordance with paragraphs
2 to 6 of this Article.

2. Where a period expressed in days, weeks, months or years
is to be calculated from a day on which an event occurs or an
action takes place, that day shall not fall within that period.

3.
A period expressed in weeks, months or years shall end
with the expiry of whichever day in the last week, month or
year is the same day of the week, or falls on the same date, as
the day during which the event or action from which the period
is to be calculated occurred or took place.

The Chairman and the Registrar shall sign the decision.

2.
The signatures may be electronic.

The original of the decision shall be deposited at the Registry.

If,
in a period expressed in months or in years, the day on
which it should expire does not occur in the last month, the
period shall end with the expiry of the last day of that month.

The decision shall be served on the parties in accordance

3.
with Article 22.

4. Where a period is expressed in months and days, it shall
first be calculated in whole months, then in days.

4.
The decision shall be accompanied by a statement that it
may be challenged pursuant to Article 230 of the Treaty and
Article 94(1) of Regulation (EC) No 1907/2006. The statement
shall include the time limit for commencing that action.

5.
Periods shall
Saturdays and Sundays.

include official holidays of

the Agency,

Failure to include that statement shall not render the decision
invalid.

6.
If a period would otherwise end on a Saturday, Sunday or
official holiday of the Agency, it shall be extended until the end
of the first following working day.

2.8.2008

EN

Official Journal of the European Union

L 206/13

Article 24

Extension and exceeding of time limit

Any time limit prescribed pursuant to this Regulation may

1.
be extended by whoever prescribed it.

2.
Exceeding a time limit shall be without prejudice to any
right of a party provided that the party concerned proves the
existence of unforeseeable circumstances or of force majeure to
the satisfaction of the Board of Appeal.

Article 25

Stay of proceedings

At the request of a party or of its own motion, the Board of
Appeal may, after hearing the parties, stay the proceedings.

Should any of the parties oppose the stay, that decision shall be
taken by reasoned decision.

Article 26

Rectification

The Board of Appeal may, after hearing the parties, of its own
motion or on application by a party made within one month
after the decision has been served, rectify clerical mistakes,
errors in calculation and obvious mistakes in the decision.

CHAPTER III

Final provisions

Article 27

Implementing measures

1.
Additional rules of a procedural nature necessary for the
efficient processing of the appeals and rules necessary for the
organisation of the work of the Board of Appeal, including rules
concerning the allocation of cases between members, may be
laid down in accordance with the procedure set out
in
paragraph 3.

Practice

directions

and
to parties
2.
instructions related to the preparations for and conduct of
hearings before the Board of Appeal, and to the lodging and
service of written pleadings or observations may be adopted in
accordance with the procedure set out in paragraph 3.

interveners

and

3.
The Chairman and the other two members appointed in
accordance with the first subparagraph of Article 89(3) of Regu­
lation (EC) No 1907/2006 shall adopt the rules and measures
provided for in this Regulation by a majority of votes.

Article 28

Entry into force

This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 1 August 2008.

For the Commission

Günter VERHEUGEN
Vice-President