Call for expression of interest in the appointment as legally qualified member and alternate/additional legally qualified member of the Board of Appeal of the European Chemicals Agency 2020/C 205/09
Date: 2020-06-19
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: European Chemicals Agency, administrator, appeal, appointment of members, competition (EU), decision-making body (EU), job vacancy, legal profession, servant (EU)








C_2020205EN.01001601.xml










19.6.2020   


EN


Official Journal of the European Union


C 205/16






Call for expression of interest in the appointment as legally qualified member and alternate/additional legally qualified member of the Board of Appeal of the European Chemicals Agency
(2020/C 205/09)

Description of the Agency

The European Chemicals Agency (the Agency) created on 1 June 2007 and located in Helsinki, Finland, plays a central role in the implementation of the REACH, CLP, BPR and PIC Regulations.
REACH (1) is the Regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals. It entered into force on 1 June 2007. The provisions under Articles 75 to 111 of REACH regulate the functioning of the Agency and describe the tasks it shall perform.
CLP (2) is the Regulation on Classification and Labelling and Packaging of chemicals. It entered into force on 20 January 2009. Article 50 of the Regulation describes the tasks of the Agency.
BPR (3) is the Biocidal Product Regulation, which entered into force on 1 September 2013 and concerns the placing on the market and use of biocidal products. The provisions under Article 74 of BRP describe the role of the Agency.
PIC (4) is the Prior Informed Consent Regulation, which entered into force on 1 March 2014 and administers the import and export of certain hazardous chemicals and places obligations on companies who wish to export these chemicals to non-EU countries. The provisions under Article 6 of PIC describe the tasks to be performed by the Agency.
The Agency has been also entrusted recently with specific tasks within the Waste Framework Directive (5) and the Regulation on persistent organic pollutants (6).
For further information please consult the following website: http://www.echa.europa.eu/

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 REACH.
The Board of Appeal is also responsible for deciding on appeals against decisions of the Agency as defined in Article 77 of the Biocidal Products Regulation (EU) No 528/2012.
The Board of Appeal consists of a Chair and two other members. They are staff of the Agency. They shall have alternates, who are not staff of the Agency, to replace them in their absence. The rules applicable to the members of the Board of Appeal apply by analogy to the alternate members. The qualifications of the members are defined in Commission Regulation (EC) No 1238/2007 of 23 October 2007 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 Chair 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 Chair and the other members of the Board of Appeal, when deciding on appeals, will observe the rules on organisation established in, and follow the procedure set up by, Commission Regulation (EC) No 771/2008 (8) as modified by Commission Implementing Regulation (EU) 2016/823 (9).
To ensure that the Board of Appeal can operate smoothly, the Board of Appeal is assisted in the exercise of its duties by a Registry, which is led by a Registrar.

We propose

The tasks of the legally qualified member of the Board of Appeal shall in particular include the following:






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Examine and decide on appeals in an independent and impartial manner










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Respect legal principles and rules in the proceedings










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Act as Rapporteur for appeals after being designated by the Chair










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Carry out the initial analysis of the appeals










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Participate in the conduct of the proceedings by contributing to adoption of the procedural decisions (interventions, etc.) and by proposing procedural measures (requests for submissions, questions to the parties, etc.)










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Participate in oral hearings










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Draft decisions on appeals in a timely and thorough manner










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Participate in decisions on internal rules for the processing of the appeals and on the organisation of the Board and its work










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Participate in decisions on practical instructions of procedural nature to parties





Candidates must (eligibility criteria)

In order to be considered for the selection phase, candidates must fulfil the following formal criteria by closing date for applications:






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be a national of a Member State of the European Union or a national of the European Economic Area (Iceland, Liechtenstein, Norway),










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have a recognised degree in law, either






(a)


following successful completion of university studies where the normal duration of university education is four years or more giving access to postgraduate studies; or










(b)


following successful completion of university studies attested by a degree where the normal duration of university education is three years, and an additional year of relevant professional experience (this one year’s professional experience cannot be included in the postgraduate professional experience required below).
If the university degree is not in law, then the candidate must possess also a professional qualification entitling the candidate to practice as a lawyer,














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a minimum of 12 years’ professional experience in the legal field (acquired following the award of the university degree), at least five of which have been acquired in EU law or at least five years of which are related to judicial or similar experience in an international and/or a national Court or an appellate body comparable to the Board of Appeal,










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have a thorough knowledge of one of the official languages of the European Union (10) and a satisfactory knowledge of at least one other official language of the European Union to the extent necessary for the performance of their duties.










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At the deadline for applications, candidates must be able to complete the full five-year mandate in accordance with Article 47(a) of the Conditions of Employment of Other Servants of the European Union before reaching retirement age. For temporary staff of the EU entering the service as from 1 January 2014, retirement age is defined as being the end of the month in which the person reaches the age of 66 (11).




In addition, candidates must fulfil the following formal criteria on the closing date for applications:






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enjoy their full rights as a citizen,










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have fulfilled any obligations imposed by the laws concerning military service,










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produce appropriate character references as to their suitability for the performance of their duties (12),










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be physically fit to perform their duties (13).





We look for (selection criteria)

The candidate should have:






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Proven knowledge and experience in European Union law, related to chemicals, or in another analogous regulatory field (14) and in subject matters under the competence of the Board of Appeal,










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Good knowledge and understanding of the technical aspects of REACH and EU legislation on biocides or analogous regulatory systems,










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Ability to make decisions and work collegially with others,










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Strong communication and inter-personal skills, being able to discuss effectively and efficiently within a collegial body and with other internal and external stakeholders,










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A very good command of English (the predominant language of communication within the Agency), both oral and written communication skills.




The following will be considered an asset:






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










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experience of regulatory or judicial procedures,










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experience of working in a collegial body,










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experience of working in a multicultural environment,










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knowledge of other languages of the European Union.





Selection, appointment and conditions of employment

Under the terms of Regulation (EC) No 1907/2006, the Management Board will decide on the appointment of the legally qualified member and the alternate/additional Legally Qualified Member(s) on the basis of a list of qualified candidates proposed by the Commission. The purpose of this call for expression of interest is to allow the Commission to establish a list of candidates to be proposed to the Management Board. Candidates should note that inclusion on the list of the European Commission does not guarantee appointment.
The European Commission will organise the selection of the Legally Qualified Member of the Board of Appeal and the alternate/additional Legally Qualified Member(s). To this end, it will set up a selection panel which will invite candidates fulfilling all eligibility requirements listed above and having the best profile for the specific requirements based on their merits and the criteria set out above for an interview.
Following this interview, this selection panel draws up a list of the most suitable candidates. This list will be adopted by the European Commission and communicated to the Management Board of the Agency.
The latter will interview the candidates on the European Commission shortlist and appoint the legally qualified member and related alternate/additional members. Before the interview by the Management Board of the Agency, the candidates for a Legally Qualified Member in the list will have to undergo testing by an assessment centre run by external recruitment consultants.
For practical reasons and in order to complete the selection procedure as quickly as possible in the interest of the candidates as well as that of the Agency, the selection procedure will be carried out in English only. Nevertheless, selection panels will verify during the interview(s) whether candidates comply with the requirement of a satisfactory knowledge of another official EU language.
The legally qualified member will be appointed as a member of the temporary staff at grade AD 10 in accordance with the Agency’s general implementing provisions on the procedure governing the engagement and use of temporary staff under Article 2(f) of the Conditions of Employment of Other Servants of the European Union for a term of five years that may be extended once for a further period of up to five years.
The alternate/additional legally qualified member(s) will not be appointed as members of the temporary staff, but will be called upon by the Board of Appeal to deal with appeal cases only in the absence of the Legally Qualified Member. Thus, the alternate is not required to suspend his/her current professional activities, but any such activities must be compatible with the requirements that the members of the Board of Appeal must be independent. At present the alternate’s remuneration is EUR 300 (EUR 400 if designated as a rapporteur in appeal case) for each actual day of work, with a maximum amount of up to EUR 4 500 (EUR 6 000 for a rapporteur) per case (15), plus the reimbursement of any travel costs and a daily allowance to cover board and accommodation when a presence in Helsinki is necessary.
Candidates must clearly indicate in their motivation letter which position they are applying for. They may apply for both if they are willing to accept also the part-time functions of the alternate/additional member. However, candidates may only be appointed to one of these positions.
The Legally Qualified Member and alternate(s)/additional member(s) will be required to declare any interests, which may conflict with his/her duty to the Board of Appeal in compliance with Article 90(5) and (6) of Regulation (EC) No 1907/2006.
The reserve lists for these positions will be valid for a period of five years from the date of the decision of the Management Board on the appointment of members.
The place of employment is at the Agency in Helsinki.

Submission of applications


Before submitting your application, you should carefully check whether you meet all the eligibility criteria (‘Candidates must’), particularly concerning the required types of diploma and professional experience as well as your linguistic capacity. Failure to possess any of these eligibility requirements means an automatic exclusion from the selection procedure.

You must have a valid email address. This will be used to identify your registration as well as to remain in contact with you during the different stages of the selection process. Therefore, please keep the European Commission informed about any change in your email address.
To complete the application, the candidates need to send a CV and a letter of motivation to the following email address: GROW-ECHA-BOA-TQM@ec.europa.eu
You will receive an electronic mail confirming that your application has been registered.
If you require more information and/or encounter technical problems, please send an email to: grow-d1@ec.europa.eu

Closing date

The closing date for submissions of applications is 14 August 2020, 12.00 noon Brussels time. It is your responsibility to complete your application and send it on time. We strongly advise you not to wait until the last few days before applying. Late submissions of applications are not accepted.

Important information for candidates

Candidates are reminded that the work of the selection committees is confidential. It is forbidden for applicants to make direct or indirect contact with members of these committees, or for anybody to do so, on their behalf.

For the applications to be valid, interested persons must send a curriculum vitae and a letter of motivation (maximum 8 000 characters) in PDF format. Candidates must indicate in the letter of motivation which post they are applying for.

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.

Independence and declaration of interests

Members of the Board of Appeal act independently in the public interest and must declare any interests that might be considered prejudicial to his/her independence. Candidates must confirm their willingness to do so in their application.
Due to the particular nature of the function, candidates invited to selection interviews will be required to sign a declaration relating to their past, current or future interests that might be considered prejudicial to their independence.
The candidates must also meet the eligibility criteria to safeguard the independence of the Board of Appeal, established by the Management Board of the ECHA in Annex 2 to the Procedure for the Prevention and Management of potential Conflict of Interest (16).
In accordance with Article 16 of the Staff Regulations (17), whose provisions apply by analogy to temporary Agents, the legally qualified member of the Board of Appeal shall, after leaving the service, continue to be bound by the duty to behave with integrity and discretion as regards the acceptance of certain appointments or benefits.
This includes the obligation to inform the Management Board of ECHA sufficiently in advance of the intention to engage in an occupational activity, whether gainful or not, during a period of two years after having left the service. If that activity is related to the work carried out during the last three years in service and could lead to a conflict with the legitimate interests of the Agency, the Management Board of the Agency may, having regard to the interests of the service, either forbid the ex-member from undertaking it or give its approval subject to any conditions it considers fit.

Equal opportunities

The European Union applies a policy of equal opportunities and non-discrimination in accordance with Article 1d of the Staff Regulations (18). It takes great care to avoid any form of discrimination in its recruitment procedures and actively encourages applications from women.

Protection of personal data

The Commission and ECHA will ensure that candidates’ personal data are processed as required by Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (19). 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 150, 14.6.2018, p. 109.

(6)  OJ L 169, 25.6.2019, p. 45.

(7)  OJ L 280, 24.10.2007, p. 10.

(8)  OJ L 206, 2.8.2008, p. 5.

(9)  OJ L 137, 26.5.2016, p. 4.

(10)  https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:01958R0001-20130701&qid=1408533709461&from=EN

(11)  Staff Regulation of Officials and Conditions of Employment of Other Servants of the European Union: https://eur-lex.europa.eu/%20LexUriServ/LexUriServ.do?uri=CONSLEG:1962R0031:20140101:EN:PDF

(12)  Before the appointment, successful applicants will be required to produce an official document showing that they do not have a criminal record.

(13)  Before the appointment, successful applicants will be required to undergo a medical examination to ensure that they fulfil the requirements of Article 28(e) of the Staff Regulations of officials of the European Communities.

(14)  This means regulatory systems such as those governing plant protection products, 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.

(15)  See Decision of the Management Board (document MB/10/2014 of 20.3.2014).

(16)  PRO-0067.04, as adopted by the Management Board on 25 February 2019: https://echa.europa.eu/documents/10162/13608/pro_0067_04_coi_management_en.pdf/c4082 b12-5830-4647-abf7-47c4a0879c86

(17)  Staff Regulation of Officials and Conditions of Employment of `Other Servants of the European Union: https://eur-lex.europa.eu/%20LexUriServ/LexUriServ.do?uri=CONSLEG:1962R0031:20140101:EN:PDF

(18)  Ibid.

(19)  OJ L 295, 21.11.2018, p. 39.