6.3.2010

EN

Official Journal of the European Union

CA 56/1

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CALL FOR EXPRESSION OF INTEREST FOR THE POSITION OF ALTERNATE CHAIRMAN OF THE BOARD OF APPEAL OF THE EUROPEAN CHEMICALS AGENCY

COM/2010/10232

(2010/C 56 A/01)

We are

The Agency

The European Chemicals Agency was established by Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC.

Regulation (EC) No 1907/2006, which entered into force on 1 June 2007, establishes a new regulatory framework for chemical substances in the European Union. The Agency established under the Regulation is responsible for managing technical, scientific and administrative aspects of REACH, and ensuring consistency in its application. It will provide the Member States and the EU institutions with the best possible scientific and technical advice on REACH related chemicals issues.

The Agency has its seat in Helsinki, Finland.

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 the abovementioned Regulation.

The Board of Appeal consists of a Chairman and two other members. They shall have alternates who shall represent them in their absence. The qualifications of the Chairman and the members are defined in Commission Regulation (EC) No 1238/2007 of 23 October 2007 on 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 Chairman and all 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.

We propose

When called upon to participate in the work of the Board of Appeal, the tasks of an alternate Chairman shall in particular include the following:

—	examine and decide on appeals in an independent and impartial manner,

—	ensure the respect of legal principles and rules in the proceedings,

—	guarantee the efficient and timely processing of appeals,

—	ensure the quality and consistency of the Board's decisions,

—	convene additional members and alternates as necessary,

—	assign the examination of an appeal to one of the Board's members or to himself as rapporteur on the basis of objective criteria,

—	supervise the work of additional members and alternates,

—	decide on admissibility of appeals,

—	chair the Board and the additional Chambers,

—	carry out preliminary studies of the appeals,

—	chair oral hearings,

—	prescribe measures of organisation of procedure,

—	prepare communications to parties,

—	draft decisions.

We look for

Applicants should have the following:

—	experience of regulatory procedures,

—	experience of work in a public body or in positions requiring an impartial and objective approach,

—	experience as a judge or as member of quasi-judicial appeal boards,

—	experience of working in a multicultural and multilingual environment,

—	knowledge of Community languages (the predominant language of communication within the Agency is English).

Applicants must

—	nationality: be a national of a Member State of the European Union (1),

—

university degree or diploma: have: — a level of education which corresponds to completed university studies attested by a diploma when the normal period of university education is 4 years or more, or — a level of education which corresponds to completed university studies attested by a diploma and appropriate professional experience of at least 1 year when the normal period of university education is at least 3 years (this 1 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 practise as a lawyer,

—	professional experience: have at least 15 years' postgraduate experience in the legal field acquired after the required qualifications referred to above were obtained,

—	relevant professional experience: of the 15 years of professional experience, have acquired at least 5 years in Community law and at least 3 years are related to judicial or similar experience in an international and/or a national Court and/or a regulatory appeal body similar to the Board,

—	languages: have a thorough knowledge of one of the official languages of the European Union (2) and a satisfactory knowledge of another official language of the European Union to the extent necessary for the performance of their duties,

—	age limit: be able to complete the full 5-year mandate before reaching retirement age. For temporary staff of the European Communities, retirement age is defined as being the end of the month in which the person reaches the age of 65.

Selection procedure and conditions of employment

Under the terms of Regulation (EC) No 1907/2006, the Management Board decides on the appointment of the Chairman and his/her alternate 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 for the position of an alternate Chairman.

From this list the Management Board will establish a reserve list and select candidates suitable to be appointed as alternate Chairman.

The selected candidates will not be appointed as a member of the temporary staff, but will be called upon by the Board of Appeal to deal with cases only in the absence of the Chairman or if this is necessary to ensure that the appeals can be processed at a satisfactory rate. Thus, the alternate Chairman is not required to suspend his/her current professional activities, but any such activities must be compatible with the requirements that (i) the members of the Board of Appeal must be independent, (ii) they conduct themselves in such a way so as not to draw advantage form their position at the Board of Appeal for either themselves or their employer and (iii) their employer has no objection to their position as alternate Chairman. The alternate Chairman's remuneration will depend on the qualifications and experience of the successful candidate. At present the remuneration is up to EUR 500 for each actual day of work, with a maximum amount of EUR 5 000 per case, plus reimbursement of travel costs and a daily allowance to cover board and accommodation. The alternate Chairman 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 list established by the Management Board will be valid for a period of 5 years from the date of the decision of the Management Board to establish this list.

The place of employment is at the European Chemicals Agency in Helsinki.

Submission of applications

For applications to be valid, interested persons must use the attached form for their applications. The completed application should be signed and sent, together with a letter of motivation and a curriculum vitæ to the address indicated below. The curriculum vitæ 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.

The complete application, consisting of the application form, the letter of motivation and the CV, must be sent by registered post not later than 2 April 2010, as attested by the postmark, to:

The European Commission

Enterprise and Industry Directorate-General

ECHA — BOARD OF APPEAL

Office: BREY 12/106

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

or delivered by courier service not later than 15.00 on 2 April 2010 to:

The European Commission

Enterprise and Industry Directorate-General

ECHA — BOARD OF APPEAL

Office: BREY 12/106

c/o Courrier Central

3, avenue du Bourget

1140 Bruxelles/Brussel

BELGIQUE/BELGIË

The envelope should have ‘CONFIDENTIAL — DO NOT OPEN’ in clear text on the outside of the envelope.

Electronic copies of applications will not be accepted.

Failure to submit all documents specified above within the relevant deadline will automatically result in rejection of the application.

Contact person for additional information:

S. McLaughlin

Tel. +32 22959955

E-mail: sean.mclaughlin@ec.europa.eu

Equal opportunities

The European Union institutions and other bodies apply a policy of equal opportunities and non-discrimination in accordance with Article 1d of the Staff Regulations (3).

Protection of personal data

The Commission and the Agency will ensure that candidates' personal data are processed as required by Regulation on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (4).

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(1)  The Member States of the European Union are: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom.

(2)  Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, Irish, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish.

(3)  OJ L 124, 27.4.2004, p. 1; http://eur-lex.europa.eu/fr/index.htm

(4)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 — OJ L 8, 12.1.2001, p. 1.

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