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Composition
1. Each appeal shall be decided by three members of the Board of Appeal of the Agency, hereinafter ‘the Board of Appeal’. At least one member shall be legally qualified and at least one member shall be technically qualified in accordance with Regulation (EC) No 1238/2007. 2. The Chairman of the Board of Appeal, or one of his alternates, shall preside over all appeals. 3. The Chairman shall ensure the quality and consistency of the decisions of the Board of Appeal.
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.
Replacement of members
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. 2. The Chairman may replace any member of the Board of Appeal, at the request of that member, by an alternate in the event of leave, sickness, unavoidable commitments of that member or where, for other reasons, that member 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). 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. 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. If a member is replaced after a hearing has been held, the hearing shall be held again unless the parties, the alternate and the other two members deciding the appeal agree otherwise. 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, the older member shall carry out those steps on behalf of the Chairman.
Rapporteur
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 rapporteur shall carry out a preliminary study of the appeal. 3. The Board of Appeal may, upon a proposal from the rapporteur, prescribe any of the procedural measures provided for in Article 15. The implementation of those measures may be entrusted to the rapporteur. 4. The rapporteur shall prepare a draft decision.
Registry and Registrar
1. The Registry is hereby established within the Agency under the auspices of the Board of Appeal. The person appointed as Registrar under paragraph 5 shall be the head of the Registry. 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. 3. A Register of appeals shall be kept in the Registry in which references to all notices of appeal and related documents are entered. 4. The staff of the Registry, including the Registrar, may not participate in any proceedings of the Agency relating to decisions which may be the subject of appeals under Article 91(1) of Regulation (EC) No 1907/2006. 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. 6. The Registrar shall verify that the time limits and other formal conditions relating to the lodging of appeals are complied with. 7. General instructions to the Registrar shall be adopted in accordance with the procedure set out in Article 27(3).
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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.