Regulation 2008/771 - Rules of organisation and procedure of the Board of Appeal of the European Chemicals Agency - Main contents
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official title
Commission Regulation (EC) No 771/2008 of 1 August 2008 laying down the rules of organisation and procedure of the Board of Appeal of the European Chemicals Agency| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2008/771 |
| CELEX number i | 32008R0771 |
| Document | 01-08-2008 |
|---|---|
| Publication in Official Journal | 02-08-2008; OJ L 206, 2.8.2008,Special edition in Croatian: Chapter 13 Volume 058 |
| Effect | 03-08-2008; Entry into force Date pub. + 1 See Art 28 |
| End of validity | 31-12-9999 |
2.8.2008 |
EN |
Official Journal of the European Union |
L 206/5 |
COMMISSION REGULATION (EC) No 771/2008
of 1 August 2008
laying down the rules of organisation and procedure of the Board of Appeal of the European Chemicals Agency
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to 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 (1), and in particular Articles 93(4) and 132 thereof,
Whereas:
(1) |
Regulation (EC) No 1907/2006 empowers the European Chemicals Agency, hereinafter the ‘Agency’, to take individual decisions on the registration and evaluation of chemicals, and establishes a Board of Appeal to decide on appeals against the decisions referred to in Article 91(1) of that Regulation. |
(2) |
Since Regulation (EC) No 1907/2006 lays down only basic rules regarding appeal procedures, it is necessary to provide for detailed rules on organisation of the Board of Appeal as well as for detailed rules of procedure applicable to appeals before that Board. |
(3) |
In order to ensure a balanced evaluation of appeals from a legal and technical point of view, both legally and technically qualified members of the Board of Appeal as defined in Commission Regulation (EC) No 1238/2007 of 23 October 2007 on laying down rules on the qualifications of the members of the Board of Appeal of the European Chemicals Agency (2) should participate in each appeal. |
(4) |
According to Article 89 of Regulation (EC) No 1907/2006, the Board of Appeal is to consist of one Chairman and two other members, each of whom shall have alternates. It is essential for the Chairman to ensure the quality and consistency of the decisions of the Board of Appeal. |
(5) |
To facilitate the handling of appeals, a rapporteur should be designated for each case and his tasks should be determined. |
(6) |
To ensure that the Board of Appeal can operate smoothly and efficiently, a Registry should be established under its auspices. |
(7) |
For the same reasons, the Board of Appeal should be empowered to lay down rules for its own functioning and procedure. |
(8) |
In order to enable the Board of Appeal to reach final decisions within a reasonable time, the number of the members of the Board of Appeal may be increased by the Management Board of the Agency in accordance with the second subparagraph of Article 89(3) of Regulation (EC) No 1907/2006. Accordingly, the Board of Appeal should be empowered to lay down criteria for the allocation of cases between its members. |
(9) |
Proof of payment of the appeal fee which is required for any appeal pursuant to Commission Regulation (EC) No 340/2008 of 16 April 2008 on the fees and charges payable to the European Chemicals Agency pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (3) should be attached to the notice of appeal and should be a condition for the admissibility of the appeal. |
(10) |
If necessary and on the basis of experience in the application of this Regulation, the Commission should review the effectiveness of its provisions and their operation in practice, and amend them where appropriate. |
(11) |
The measures provided for... |
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