Call for expression of interest in the appointment as legally qualified alternate/additional members of the Board of Appeal of the European Chemicals Agency
Date: 2013-12-17
Institutions: European Commission
Subjects: European Chemicals Agency, appointment of members, legal profession








CA2013368EN.01001301.xml










17.12.2013   


EN


Official Journal of the European Union


CA 368/13





CALL FOR EXPRESSION OF INTEREST IN THE APPOINTMENT AS LEGALLY QUALIFIED ALTERNATE/ADDITIONAL MEMBERS OF THE BOARD OF APPEAL OF THE EUROPEAN CHEMICALS AGENCY
(2013/C 368 A/02)
1.   Description of the Agency
The European Chemicals Agency was established by Regulation (EC) No 1907/2006 of the European Parliament and of the Council (1) concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). The European Chemicals Agency has also competences under Regulation (EC) No 1272/2008 (2) on classification, labelling and packaging of substances and mixtures, under Regulation (EU) No 528/2012 (3) concerning the making available on the market and use of biocidal products and under Regulation (EU) No 649/2012 (4) concerning the export and import of hazardous chemicals.
The Agency has its seat in Helsinki, Finland.
2.   The Board of Appeal
Articles 89 to 94 of Regulation (EC) No 1907/2006 set out the relevant provisions in relation to appeals. Article 89 provides for the establishment of a Board of Appeal. The Board is responsible for deciding on appeals against certain individual decisions of the Agency, as defined in Article 91 of the above mentioned Regulation.
Article 77 of Regulation (EU) No 528/2012 establishes that right to appeal to certain decisions of the Agency lies with its Board of Appeal. Equally, Commission Implementing Regulation (EU) No 564/2013 (5) on the fees and charges payable to the European Chemicals Agency pursuant to Regulation (EU) No 528/2012 establishes the right of appeal in its Article 6(6). Finally, Commission Implementing Regulation (EU) No 354/2013 (6) on changes of biocidal products, establishes the right to appeal in its Articles 11, 12 and 13.
The Board of Appeal consists of a Chairman and two other members. They shall have alternates who shall represent them in their absence. The qualifications of the Chairman and the members are defined in Commission Regulation (EC) No 1238/2007 of 23 October 2007 on laying down rules on qualifications of the members of the Board of Appeal of the European Chemicals Agency (7). According to this Commission Regulation, the Board of Appeal shall consist of technically and legally qualified members.
The Board of Appeal may have additional members if this is necessary to ensure that the appeals can be processed at a satisfactory rate.
The Chairman and the other members of the Board of Appeal shall be independent. In making their decisions, they shall not be bound by any instructions. They shall not perform any other duties in the Agency.
The tasks of the legal members of the Board of Appeal shall in particular include the following:






—


examine and decide on appeals in an independent and impartial manner,










—


respect legal principles and rules in the proceedings,










—


act as rapporteur for appeals,










—


carry out preliminary studies of the appeals,










—


rule on admissibility of appeals,










—


prepare communications to parties,










—


participate in oral hearings,










—


draft decisions on appeals in a timely and thorough manner.




More information on the Board of Appeal can be found at:
http://echa.europa.eu/web/guest/about-us/who-we-are/board-of-appeal
3.   Eligibility criteria
Candidates must:






—


be a national of a Member State of the European Union (8),










—


Have a thorough knowledge of one of the official languages of the European Union (9) and a satisfactory knowledge of another official language of the European Union to the extent necessary for the performance of their duties.




Candidates must fulfil the formal requirements stated below on the closing date for applications:






(1)


either (a) successful completion of a full course of university studies in law attested by a degree where the normal duration of university education is 4 years or more giving access to undertake postgraduate studies; or (b) successful completion of a full course of university studies in law attested by a degree where the normal duration of university education is 3 years, and an additional year of relevant professional experience;










(2)


a minimum of 12 years' professional experience in the legal field (acquired following the award of the university degree or the degree and the experience mentioned above);










(3)


comply with the eligibility criteria established by the Management Board of the Agency in document MB/45/2013final (10).




It is desirable that candidates should be in a position to serve at least one full 5-year term.
4.   Selection criteria
The candidates should have:






—


a good knowledge and understanding of the legal aspects of REACH and EU legislation on biocides or analogous regulatory systems (11),










—


the ability to make decisions and work collegially with others,










—


good oral and written communication skills (the predominant language of communication within the Agency is English).




The following will be an asset:






—


knowledge and understanding of regulatory procedures and judicial practice in the context of regulatory appeal and/or arbitration procedures,










—


proven experience in European Union law, related to chemicals, or in another analogous regulatory field,










—


experience of judicial work, including drafting decisions,










—


experience working in a collegial body,










—


experience of working in a multicultural and multilingual environment,










—


knowledge of other official languages of the European Union than those corresponding to the fulfilment of the eligibility criteria.




5.   Selection procedure and conditions of employment
Under the terms of Regulation (EC) No 1907/2006, the Management Board of the European Chemicals Agency will decide on the appointment of the members and their alternates on the basis of a list of qualified candidates proposed by the Commission. It is also foreseen in the Regulation that the Management Board may appoint additional members and their alternates on the recommendation of the Executive Director if this is necessary to ensure that the appeals can be processed at a satisfactory rate, following the same procedure.
The purpose of this call for expression of interest is to allow the Commission to establish a list of candidates for the position of legally qualified alternate/additional member to be proposed to the Management Board.
The alternate/additional members will be placed on a reserve list and called upon by the Board of Appeal to deal with cases in the absence of the full-time members or when necessary to ensure that the appeals can be processed at a satisfactory rate. The alternate/additional members are not appointed as members of the staff of the Agency. Thus, alternate/additional members are not required to suspend their current professional activities, but any such activities must be compatible with the requirements that the members of the Board of Appeal must be independent.
The term of office on the Board of Appeal, is 5 years. It may be prolonged once.
The alternate/additional members are remunerated by case on a daily fee basis. At present the remuneration is up to a maximum of EUR 400 for each actual day of work (7,5 hours) for the alternate/additional member who has been designated as a rapporteur for a given appeal by the Chairman, with a maximum amount of EUR 4 000 per case, or up to EUR 300 for each actual day of work for an alternate/additional member not designated as rapporteur, with a maximum amount of EUR 3 000 per case. In addition for both cases, reimbursement of travel costs and a daily allowance to cover board and accommodation will be paid (12).
The alternate/additional members of the Board of Appeal are required to declare any interests, which may conflict with their duty to the Board of Appeal, in compliance with Article 90(5) and (6) of Regulation (EC) No 1907/2006 and in line with the Agency's policy on the management of potential conflicts of interest (13).
The reserve list for this position will be valid for a period of 5 years from the date of the establishment of the list.
6.   Submission of applications
For applications to be valid, interested persons must use the attached form for their applications. The completed form should be signed and sent, together with a letter of motivation and a curriculum vitae to the address indicated below. The curriculum vitae should preferably be drafted using the European CV format. If any of these documents is not in English, then an English translation must be provided. Certified copies of degrees/diplomas, references, proof of experience, etc. should not be sent at this point but must be submitted at a later stage of the procedure if requested.
The completed application, consisting of the application form, the letter of motivation and the CV, must be sent to the following address no later than 31 January 2014:
e-mail: ENTR-BOASELECTION@ec.europa.eu
or by registered post (at the latest at the deadline indicated above as attested by the postmark) to:





European Commission




Directorate-General for Enterprise and Industry




Pre-selection committee ECHA — BOARD OF APPEAL




Office: BREY 12/211




1049 Bruxelles/Brussel




BELGIQUE/BELGIË




or delivered by courier service not later than 15.00 on the day of the deadline indicated above to:





European Commission




Directorate-General for Enterprise and Industry




Pre-selection committee ECHA — BOARD OF APPEAL




Office: BREY 12/211




c/o Courrier Central




3, avenue du Bourget




1140 Bruxelles/Brussel




BELGIQUE/BELGIË




The envelope should have ‘CONFIDENTIAL — DO NOT OPEN’ in clear text on the outside of the envelope.
Failure to submit all documents specified above within the relevant deadline will automatically result in rejection of the application.
7.   Equal opportunities
The European Union institutions and other bodies apply a policy of equal opportunities and accept applications without distinction on the grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.
8.   Protection of personal data
The Commission will ensure that candidates' personal data are processed as required by Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (14). This applies in particular to the confidentiality and security of such data.


(1)  OJ L 396, 30.12.2006, p. 1.

(2)  OJ L 353, 31.12.2008, p. 1.

(3)  OJ L 167, 27.6.2012, p. 1.

(4)  OJ L 201, 27.7.2012, p. 60.

(5)  OJ L 167, 19.6.2013, p. 17.

(6)  OJ L 109, 19.4.2013, p. 4.

(7)  OJ L 280, 24.10.2007, p. 10.

(8)  The Member States of the European Union are: Belgium, Bulgaria, Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and United Kingdom.

(9)  Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish.

(10)  http://echa.europa.eu/documents/10162/13555/final_mb_45_2013_eligibility_crit_guid_en.pdf

(11)  This means regulatory systems such as those governing plant protection products, biocides, food additives, pharmaceuticals or cosmetics, the Water Framework Directive, the Integrated Pollution Prevention and Control Directive, the Seveso Directive, or regulatory provisions on occupational safety and health in relation to chemicals.

(12)  See document MB/29/2012/D final of 21 June 2012.

(13)  http://echa.europa.eu/documents/10162/13559/mb_45_2011_d_policy_conflict_interest_en.pdf

(14)  OJ L 8, 12.1.2001, p. 1.