Member and alternate member of the Board of Appeal of the European Chemicals Agency

Call for expression of interest in the appointment as member and alternate/additional member of the Board of Appeal of the European Chemicals Agency

1.The job
The Board of Appeal is responsible for deciding on appeals against certain individual decisions of the European Chemicals 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. The Board of Appeal consists of a Chairperson and two other members. They shall have alternates to replace them in their absence or if they are otherwise precluded from participating in proceedings. Additional members may be called upon to ensure that the appeals are processed at a satisfactory rate. 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. According to this Commission Regulation, the Board of Appeal shall consist of technically and legally qualified members. The Chairperson shall be legally qualified. The Chairperson 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 ECHA. The Chairperson, the technically qualified member and the legally qualified member appointed to serve at the Board of Appeal will be expected to deal with appeal cases as they arise. Members of the Board of Appeal may, therefore, be in full- time employment, if this is compatible with their ability to hear appeals at short notice. The members of the Board of Appeal and alternates/additional members will not be staff of the Agency.

2.Key responsibilities
The tasks of the three members of Board of Appeal will include the following:
– examine and decide on appeals in an independent and impartial manner,
– respect of legal principles and rules in the proceedings,
– act as rapporteur for appeals, where designated by the Chairperson,
– carry out preliminary studies of appeals,
– prescribe procedural measure (e.g. requesting parties to provide additional information or putting questions to the parties),
– participate in oral hearings,
– participate in the adoption of final and procedural decisions (e.g. interventions, stay of proceedings) and, where required to do so, draft those decisions in a timely and thorough manner,
– lay down internal rules for the processing of appeals and on the organisation of the Board and its work,
– lay down procedural rules for the efficient processing of appeals and rules necessary for the organisation of the work of the Board of Appeal, as well as practical instructions of a procedural nature to parties.

3.Eligibility criteria
Chairperson or alternate Chairperson:
have a recognized degree in law. 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
a minimum of 15 years professional experience in the legal field (acquired following the award of the university degree or the degree and the experience or equivalent qualification mentioned above), 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.
Technically qualified member or alternate/additional technically qualified member:
have a recognized degree
have a minimum of 12 years professional experience in scientific or technical fields relevant to the REACH and/or Biocidal Products Regulations, including hazard assessment, exposure assessment or risk management with regard to human health or environment risks of chemical substances or related fields (acquired following the award of the university degree or the degree and the experience or equivalent qualification mentioned above). The required professional experience shall include at least five years in the regulatory management of chemicals or analogous regulatory systems.
Legally qualified member or alternate/additional legally qualified member:
have a recognized degree in law. 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
have 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 or equivalent qualification mentioned above), 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.

4.Selection criteria
The candidates should have:
the ability to make decisions and work collegially with others,
strong communication and inter-personal skills, being able to have effective and efficient discussions within a collegial body,
proven knowledge and experience of the subject matters under the competence of the Board of Appeal,
a very good command of English (the working language of the Agency), both oral and written communication skills,
the candidates applying for the position of the Technically Qualified Member and alternate/additional technically qualified members should have a good knowledge and understanding of the technical aspects of REACH and EU legislation on biocides or analogous regulatory systems.
The following will be considered an asset:
knowledge and understanding of procedures in the context of regulatory appeal and/or arbitration procedures,
experience in European Union law, related to chemicals, or in another analogous regulatory field,
experience of working in a collegial body,
experience of working in a multicultural environment.

Osaamisalue: Juridiikka