Language of the proceedings
1. If the appellant is the addressee of the decision under appeal, the appeal shall be filed in the language of the procedure leading to the decision under appeal.
2. If the appellant is not the addressee of the decision under appeal, the appeal may be filed in any of the official languages of the Union.
3. The request for arbitration may be filed in any of the official languages of the Union. The arbitration proceedings shall be carried out in the language of the National Safety Authority involved.
4. The language referred to in paragraph 1, 2 and 3 shall be the language of the appeal or arbitration proceedings. It shall be used in the written and oral proceedings and in all communications with the parties.
5. All technical and supporting documents annexed to the appeal, arbitration request or the defence shall be submitted in the language of the proceedings.
6. The findings of the Board of Appeal shall be made in the language of the proceedings.
7. The interveners shall use the language of the proceedings.
8. For the purposes of efficiency and cost reduction the Board of Appeal may derogate from the above mentioned paragraphs for written and oral proceedings or parts thereof, including individual documents and/or oral interventions, provided that all the parties agree to reach an alternative agreement. Upon request the Board of Appeal shall take record of such an agreement and any conditions on which it might be based.
Translation
1. All expenses relating to the translation of annexed technical and other supporting documents into the language of proceedings shall be borne by the party submitting the document.
2. Translation and interpretation requested by the Board of Appeal shall be kept to the minimum and the costs borne by the Agency.
3. In case of translation the party concerned shall provide a certified translation.
SECTION 2 — The Procedure
Procedural measures
1. Procedural measures may be ordered by the Chairperson at any time during the procedure, with or without request by the parties.
2. Measures referred to in paragraph 1 may include, in particular:
(a)
interviewing parties, witnesses or experts and any other person holding information decisive for the proceedings;
(b)
requesting written and oral submissions on decisive aspects of the proceedings;
(c)
requesting submission of documentation;
(d)
commissioning of an expert's report;
(e)
inspections and audits decisive for the proceedings.
Extension of time limits in exceptional circumstances
In exceptional circumstances where the party concerned proves the existence of abnormal and unforeseeable circumstances which were outside their control and the consequences of which could not have been avoided in spite of the exercise of all due care, the Board of Appeal may adapt any time limit prescribed pursuant to this Regulation, while ensuring equally balanced rights of all parties to the proceedings.
Documents submitted to launch the proceedings or for further evidence
1. For the purpose of calculating time-limits, a document shall only be considered to have been submitted when it is received by the Registrar, who must acknowledge receipt of the document.
2. Documents shall indicate the appeal or arbitration proceeding number which was allocated by the Registrar when the appeal or arbitration was first submitted.
3. The maximum number of pages for procedural documents shall be as follows:
(a)
20 pages for the appeal and the defence; and
(b)
10 pages for each intervention.
The page limits do not apply to the annexes in the procedural documents.
4. Authorisation to exceed the maximum lengths referred to in paragraph 3 shall be granted by the Registrar in agreement with the Chairperson and only in proceedings involving particularly complex factual issues.
Deliberations
The deliberations of the Board of Appeal shall be confidential and subject to Article 4(3) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council ( 2 ) .
Deliberations may be held in any appropriate format and are not limited to physical meetings.
Witnesses, experts and hearings
1. The Board of Appeal may hear witnesses at the request of one of the parties on decisive facts having an impact on the outcome of the proceedings. A request by a party to hear a witness shall state on which decisive facts the witness shall be heard and the relevant grounds for calling the witness.
2. The Board of Appeal may hear experts to clarify specific aspects of the proceedings, or appoint an expert to deliver a report.
3. When appointing experts to deliver a report the Board of Appeal shall define their tasks and set a time-limit within which the report shall be submitted.
4. Before giving evidence, the expert shall declare any direct or indirect personal interest which they may have in the outcome of the proceedings, in particular if they have previously acted as a representative of one of the parties or have participated in the procedure leading to the decision under appeal or in related arbitration proceedings.
5. If one of the parties objects an expert for reasons of a potential conflict of interest the matter shall be decided upon by the Board of Appeal by applying Article 12 mutatis mutandis .
6. If the Board of Appeal considers that there is a conflict of interest or a risk thereof, it may decide to hear an expert as witness instead.
7. The Board of Appeal may hold an oral hearing if it considers this to be necessary for confirming evidence on decisive facts having an impact on the outcome of the proceedings and subject to efficiency considerations.
New arguments or evidence
1. The Board of Appeal shall decide until when new evidence or new pleas may be introduced.
2. Where appropriate, the Board of Appeal shall call on the parties to submit observations or additional information within a time-frame that it shall determine.
3. Where new evidence or new pleas are deemed admissible, the other parties shall be entitled to provide their observations.
Voting
Decisions shall be taken by majority vote of a Board of Appeal. The Chairperson shall have a casting vote in case of a tie.
Findings of the Board of Appeal
1. The reasoned findings of the Board of Appeal shall be in writing. They shall contain at least the following elements:
(a)
the names of the members of the Board of Appeal taking part in the relevant proceedings;
(b)
the names of the parties and of their representatives, if applicable;
(c)
a summary of the relevant facts;
(d)
a statement of the form of order sought by the parties;
(e)
a summary of the parties' arguments;
(f)
the grounds of admissibility;
(g)
the operative part of the findings and the reasons on which they are based;
(h)
the date of their delivery.
2. The findings shall be signed by the members of the Board of Appeal that decided upon those findings and by the Registrar.
Final decision of the Agency on Appeals
1. Where the Board of Appeal finds the grounds for appeal are founded, the Agency shall issue a final decision addressed to the parties concerned in compliance with the findings of the Board of Appeal within 1 month following the delivery of the findings of the Board of Appeal.
2. The decision shall contain at least the following elements:
(a)
the names of the parties and of their representatives, if applicable;
(b)
the findings of the Board of Appeal;
(c)
the operative part of the decision and the reasons on which it is based.
3. In cases where the Board of Appeal has confirmed the decision of the Agency, the Agency shall issue an invoice for the appeal in accordance with the Commission Implementing Regulation (EU) 2018/764 ( 3 ) .
4. A summary of the findings of the Board of Appeal shall be published on the Agency's website.
SECTION 4 — Cost of proceedings
Costs of the parties
1. The fee for an appeal shall be determined in accordance with Commission Implementing Regulation (EU) 2018/764.
2. Each party participating in arbitration proceedings shall bear its own costs.
Costs of participation
1. Interveners shall bear their own costs.
2. When participating in oral hearings, successful appellants shall be entitled to reimbursement of their travel and accommodation expenses and to compensation for loss of earnings to the extent deemed equitable by the Board of Appeal.
3. When participating in oral hearings, witnesses shall be entitled to reimbursement of their travel and accommodation expenses and to compensation for loss of earnings to the extent deemed equitable by the Board of Appeal.
4. Experts shall be entitled to payment of fees for their services based on the rate for experts assisting the Agency as well as reimbursement of their travel and accommodation expenses.
5. The Agency's Management Board shall lay down detailed rules applicable to these reimbursements and payments.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
