Commission Implementing Regulation (EU) 2016/823 of 25 May 2016 amending Regulation (EC) No 771/2008 laying down the rules of organisation and procedure of the Board of Appeal of the European Chemicals Agency (Text with EEA relevance)

Regulation (EC) No 771/2008 is amended in accordance with the Annex to this Regulation.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

In the interest of the procedure the Chairman of the Board of Appeal may invite the parties to reach an amicable agreement. In that case the Chairman shall appoint a single member to facilitate the amicable agreement. The Chairman shall communicate the decision to appoint a single member to the parties. If the parties reach an amicable agreement, the single member shall close the proceedings and a summary of the amicable agreement shall be published on the website of the Agency. In the absence of an amicable agreement within 2 months from the decision to allocate the case to a single member, the case shall be referred back to the Board of Appeal.’;

Where an appeal is withdrawn, the Chairman shall close the proceedings.’;

1 Any person establishing an interest in the result of the case submitted to the Board of Appeal may intervene in the proceedings before the Board of Appeal. By derogation to the first paragraph, in cases relating to Title VI Chapter 2 of Regulation (EC) No 1907/2006, the Member State whose competent authority has carried out the substance evaluation may intervene without having to establish an interest in the result of that case.

2 An application stating the circumstances establishing the right to intervene shall be submitted within three weeks of publication of the announcement referred to in Article 6(6).

3 The intervention shall be limited to supporting or opposing, in whole or in part, the form of remedy sought by one of the parties. The intervention shall not confer the same procedural rights as those conferred on the parties and shall be ancillary to the main proceedings. It shall become devoid of purpose if the case is removed from the register of the Board of Appeal as a result of a party's discontinuance or withdrawal from the proceedings or of an amicable agreement between the parties, or where the notice of appeal is declared inadmissible. Interveners shall accept the case as they find it at the time of their intervention.

4 The application to intervene shall contain: (a) the description of the case; (b) the name of the parties; (c) the name and address of the intervener; (d) where the intervener has appointed a representative in accordance with Article 9, the name and the business address of the representative; (e) an address for service, if different from those under points (c) and (d); (f) the remedy sought, by one or more of the parties, in support of which the intervener is applying for leave to intervene; (g) a statement of the circumstances establishing the right to intervene; (h) an indication whether the intervener agrees that service is to be effected on him or, where appropriate, on his representative by telefax, e-mail or other technical means of communication. The application to intervene shall be served on the parties in order to obtain any observations they may wish to make on that application before the Board of Appeal decides on it.

5 Where the Board of Appeal decides to allow the intervention, the intervener shall receive a copy of every procedural document served on the parties provided for that purpose to the Board of Appeal by the parties. Confidential items or documents shall be excluded from such communication.

6 The Board of Appeal shall decide whether or not to allow the application to intervene. Where the Board of Appeal allows the intervention, the Chairman shall prescribe a period within which the intervener may submit a statement in intervention. The statement in intervention shall contain: (a) a statement of the remedy sought by the intervener in support of or opposing, in whole or in part, the remedy sought by one of the parties; (b) the pleas in law and the arguments of fact and law relied on; (c) where appropriate, the nature of any evidence offered in support; (d) where appropriate, an indication as to what information in the application to intervene is to be regarded as confidential and why. After the statement in intervention has been lodged, the Chairman may prescribe a time-limit within which the parties may reply to that statement.

7 Interveners shall bear their own costs.’;

Where a party or intervener has appointed a representative, that representative shall provide an authority to act issued by the represented party or intervener.’;

The parties shall bear their own costs.’;