Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Establishment
1. The rules laid down in this Regulation for the Board of Appeal shall apply to each Board of Appeal established by decision of the Management Board of the Agency. All such Boards are collectively referred to hereafter as ‘the Board of Appeal’. 2. To ensure delivery of findings within the prescribed deadlines, quality and consistency of jurisprudence, one Board of Appeal established in accordance with Article 55 of Regulation (EU) 2016/796 shall be permanent.
Members
1. The Chairperson, other members and alternates that constitute a Board of Appeal are hereafter referred to as its ‘members’ if not otherwise indicated. 2. The term of office of all members shall start and end on the dates fixed in the appointment decision. The date fixed may be considered in relation to a function or ending of proceedings. In accordance with Article 56(1) of Regulation (EU) 2016/796 the term of office of a member of a Board of Appeal shall not exceed 4 years and can be renewed once. 3. Technical, legal and procedural expertise and/or experience shall be ensured in each Board of Appeal established.
Replacement
1. Any member of a Board of Appeal who is or risks becoming unavailable to execute their function shall inform the Chairperson thereof, without undue delay. 2. In cases where the Chairperson is unavailable, the Board of Appeal shall decide which of its remaining members shall act as Chairperson. 3. The Chairperson shall appoint one of the alternates as member. 4. Appointments for replacement referred to in paragraph 2 and 3 shall last as long as the replaced member or Chairperson remains prevented from acting and at least until the end of any open appeal or arbitration proceeding. 5. Should unavailability become permanent or last longer than 12 months the Agency's Management Board shall appoint a new member or Chairperson as well as alternate, as appropriate.
Role of the Chairperson
1. The Chairperson of a Board of Appeal shall preside over the appeal and arbitration proceedings. 2. The Chairperson shall ensure the quality and consistency of decisions by a Board of Appeal. 3. The Chairperson shall designate a rapporteur from among the members of the Board of Appeal for each proceeding. 4. The Chairperson together with the Registrar shall ensure the proper implementation of the rules of procedure laid down by this Regulation. 5. In case the Agency's Management Board has appointed more than one Board of Appeal, their Chairpersons shall collectively establish a methodology for the distribution of proceedings and inform the Registrar thereof.
Role of the Rapporteur
1. The rapporteur shall carry out a preliminary examination of the appeal and present the results of that examination to the other members of the Board of Appeal. 2. The rapporteur shall prepare a draft of the findings of the Board of Appeal.
Seat of the Board of Appeal
The seat of the Board of Appeal shall be at the seat of the Agency.
The Registrar
1. The Board of Appeal shall be assisted in the exercise of its duties by one Registrar. 2. The Registrar shall: (a) register all proceedings with a number and inform the Board of Appeal and all parties thereof; (b) be responsible for the receipt, transmission and safe storage of all documents relevant to appeal and arbitration proceedings, for communicating with the parties, and for any other administrative tasks relating to the proceedings; (c) inform the parties of the member composition that will hear the case, and of any changes to that composition without undue delay; (d) inform the parties to the appeal about their right to object in accordance with Article 57(3) of Regulation (EU) 2016/796 to a member participating in the appeal procedure; (e) ensure that an announcement of the appeal is published on the Agency's website, indicating at least the date of registration, the names and contacts of the parties, the language of proceedings and the contested decision; (f) check that all time-limits and other formal conditions for filing appeals are respected and notify the Board of Appeal thereof; (g) keep the minutes of the hearings, the examination of witnesses or experts and the deliberations of the Board of Appeal; (h) keep an archive of all decisions on appeal and arbitration proceedings issued by the Board of Appeal; (i) include the requests and the findings of the Board of Appeal in the information and communications system referred to in Article 12 of Regulation (EU) 2016/796 (‘one-stop-shop’).
Appointment and responsibilities of the Registrar
1. The Registrar shall be appointed from among the Agency staff by the Board of Appeal on a proposal by the Agency. In case of more than one Board of Appeal by consensus. 2. The Registrar may not participate in any tasks or proceedings of the Agency relating to decisions which may be the subject of appeals under Article 60 of Regulation (EU) 2016/796. 3. The Registrar shall exercise its duties under the supervision and instructions of the Chairperson of the Board of Appeal. 4. The Registrar may be assisted by staff to which this Article shall also apply.
Articles on this page are reproduced verbatim from official open data. See the attribution line.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.