Liikmelisuse uuendamine

Saatja: Webdesktop <[email protected]> Saadetud: 20.04.2023 17:50 Adressaat: <"SM Info">; <"[email protected]">; <[email protected]> Koopia: <=?utf-8?Q?Agne_Nettan-Sepp_Br=C3=BCsselis?=> Teema: Webdesktop: Euroopa Kemikaaliameti (ECHA) Liikmesriikide komitee liikmesuse uuendamine Manused: 372.pdf; 372_Annex_1_List_Expiring_MSC_memberships.pdf; 372_Annex_2_MSC_Tasks_and_Expertise_Information.pdf; 372_Annex_3_CoI_management.pdf; 372_Annex_4_Europass_CV_Template.doc; 372_Annex_5_MSCA_Nomination_Form.doc; 372_ekiri.msg Tere! Edastan Euroopa Kemikaaliameti kirja. Eestil on vaja liikmesust uuendada. Vastamise tähtaeg on 25.05.2023. Palun saata info ja allkirjastatud nimetamisvorm (lisa 5) EV AEEL juures emailile [email protected] (cc. [email protected]) 3 tööpäeva enne tähtaega. EV AEEL juures reg. number: 14-4/372 Reg. kuupäev: 20.04.2023 Sisu: Euroopa Kemikaaliameti (ECHA) Liikmesriikide komitee liikmesuse uuendamine / Renewal and new membership of the Member State Committee (MSC) of ECHA - Appointments by 25 May 2023 -- Heade soovidega Tiiu Noobel sekretär, EV alaline esindus EL juures +32 2227 4337 1 (1) ANNEX 1: Expiring MSC Memberships by 31 December 2023 Country Name Role Organisation/ End of MSCAs Term Austria STOCKER Eva MSC member Environment Agency 28/09/2023 Federal Ministry for Digital and Austria KNOFLACH Georg MSC Alternate member Economic Affairs 28/09/2023 Bulgaria FILIPOVA Hristina MSC Alternate member Ministry of Environment and Water 28/11/2023 Estonia NUGIN Merike MSC Alternate member Health Board 07/11/2023 Estonia SAKSA Jana MSC member Health Board 07/11/2023 Finland EINOLA Juha MSC Alternate member Finnish Safety and Chemicals Agency 15/11/2023 Finland RISSANEN Eeva MSC member Finnish Safety and Chemicals Agency 15/11/2023 Italy CATONE Tiziana MSC Alternate member National Institute of Health 16/12/2023 Luxembourg TREZZI Jean MSC member Environment Protection Agency 05/10/2023 Norway REIERSON Linda MSC Alternate member Norwegian Environment Agency 27/08/2023 Portugal MENDONÇA Elsa MSC Alternate member Portuguese Environment Agency 13/09/2023 Romania COPOIU Oana MSC Alternate member National Institute of Public Health 29/07/2023 Telakkakatu 6, P.O. Box 400, FI-00121 Helsinki, Finland | Tel. +358 9 686180 | Fax +358 9 68618210 | echa.europa.eu Annex 2 Helsinki, 20 April 2023 Information on tasks and expected expertise for the Member State Committee 1 Introduction The Member State Committee (MSC) of the European Chemicals Agency (ECHA) is responsible for resolving potential divergences of opinions on draft decisions proposed by ECHA or the Member States (MSs) on dossier and substance evaluation and on proposals for identification of substances of very high concern. Furthermore, MSC gives its opinion to ECHA on the substances to be put on the Community Rolling Action Plan for evaluation and on the recommendation of priority substances to be included on the authorisation list (Annex XIV). MSC thus has an important role in the key REACH 1 processes concerning P0F P evaluation and authorisation. MSC is composed of members appointed directly by each of the 27 Member States and the three EEA-EFTA countries. Only the members appointed by MSs have the right to vote. Alternate members may also be appointed by the MSs. This document has been developed to support MSs in appointing the most suitable member to MSC or renewing the membership of the current member by outlining the expectations of expertise for the MSC members. Further background on MSC’s role, tasks and operation is provided in Appendices. Members are expected to dedicate around 30% of their work time to MSC. 2 Expectations of expertise for the MSC members The REACH Regulation makes it clear that members of the Committees must possess the necessary qualifications in order to allow the Committees to meet the high expectations put on them. To deal with the different tasks referred to above, a range of expertise is required within MSC to ensure that all aspects concerning these issues can be addressed. Given the complexity of the tasks, the members of MSC need to have relevant experience and expertise in the many science areas for which MSC is responsible. Examples of areas of discussion are: mutagenicity, reproductive toxicity, sensitization, endocrine disruption for both human health and the environment, persistence, bioaccumulation, aquatic/terrestrial/sediment toxicity, environment and human exposure and toxicokinetics. Examples of different chemistries are: UVCBs, nanomaterials, surfactants, mobile substances. Ideally, they should themselves cover one or several areas of expertise at expert level, and for a number of other areas they should either have some experience themselves and/or have access to in-depth expertise. Moreover, the members should have good understanding of the REACH requirements and regulatory science as well as have sufficient resources available for the Committee work. They should also possess the necessary negotiating skills to solve any divergences of views in an efficient manner. 1 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) 1(5) Each of the members of MSC should possess, or have access to, the necessary expertise for drawing up opinions and unanimous agreements concerning:  evaluation of testing proposals or requirements for additional information required under dossier evaluation;  compliance checks and examination of additional information required under dossier or substance evaluation;  community rolling action plan for substances which could constitute a risk to human health or the environment; and  identification of substances of very high concern and prioritising them for authorisation. MSC is also expected to revise and further develop methodology regarding its field of competence and to give input to guidance updates. To ensure sufficient coverage of all required expertise areas, members may be accompanied to the meetings by advisors or experts. In accordance with Article 85(6) of the REACH Regulation, MSs are obliged to support the MSC members by providing adequate scientific and technical resources to them. ECHA reimburses the travel and accommodation expenses and pays subsistence allowances to the members. 3 Further appointment considerations In addition to experience in one or more of the areas listed above, MSs are requested to give preference to candidates who possess significant experience at least in one, preferably several, of the following areas:  Experience in national and EU chemicals management policy;  Overall good knowledge and understanding of the legal requirements of the REACH Regulation, its policy objectives and the balance between these objectives;  Experience in drafting regulatory or legislative decisions and to defend these in front of expert audiences;  Experience in carrying out scientific and/or regulatory risk assessments;  International experience in discussing chemical hazard or risk assessment; and/or  Experience in the EU committee work on chemicals. In addition to the qualifications and expertise of members, the functioning of MSC requires that members attend the meetings which are held in Helsinki, Finland at ECHA’s premises on a regular basis. This includes preparation time for the plenary meetings, which, depending on the number of dossiers, can be considerable. MSC members can be called upon to act as rapporteur to prepare a draft MSC opinion, to participate in other MSC activities such as working groups, and share the responsibility to join in the debate and provide interventions in plenary sessions of MSC. Additionally, a considerable demand on a MSC member’s time is stemming from written procedures used for agreement seeking in between plenary meetings. MSC members should be entitled to dedicate sufficient working time to MSC activities - at around 30% of their time. Plenary meetings of MSC are held 4 times per year, typically for two to five full days. Some of those meetings may be held remotely. MSC has, since its start in February 2008 until April 2023, held 81 meetings. The actual number and duration of meetings will depend on the workload, on the operating procedures and on the output of any potential working groups. 2(5) Appendix 1: Composition, role and tasks of the Member State Committee MSC is composed of members appointed directly by each of the 27 Member States and the three EEA-EFTA countries. Only the members appointed by MSs have the right to vote. In order to ensure smooth functioning and decision making in MSC, two specific arrangements are in place with MSC: 1) MSs may appoint an alternate member who can replace the appointed member when one is not in attendance at the meeting or available to respond to requests in written consultation. 2) MSC has agreed on arrangement of proxy vote in case a member with voting right or their alternate is absent from a meeting. In accordance with Article 77(1) of the Regulation, the task of ECHA is to provide the best possible scientific and technical advice on questions related to chemicals. MSC plays an important role to achieve this: The Committee has a conciliatory role, aiming i.e. to solve divergences of opinions and reach agreement amongst Member States' authorities on specific issues which require a harmonised approach, thus allowing ECHA to take decisions efficiently. The tasks of MSC are described in REACH in Art. 76(1)(e). An overview of the MSC tasks is provided below. 1. Evaluation U MSC has an essential role in Dossier evaluation:  Seeking agreement when the examination of testing proposals or additional information required under dossier evaluation results in draft decisions to which amendments are proposed by MSs;  Seeking agreement when the compliance check results in a draft decision to which amendments are proposed by MSs; Substance evaluation:  Seeking agreement when a MS or ECHA has proposed to amend the draft decision on substance evaluation;  Providing an opinion on a draft update of the Community rolling action plan prepared by the ECHA Secretariat for substances which could constitute a risk to human health or the environment;  Providing an opinion on whether or not to add a substance to the Community rolling action plan following proposals from a MS; and  Seeking agreement in cases where two or more MSs have expressed an interest in evaluating the same substance. Currently the tasks related to dossier and substance evaluation decision making form a substantial workload for MSC. 2. Authorisation U MSC has an essential role in:  Seeking agreement on the identification of substances of very high concern to be included on the candidate list (SVHCs) for potential inclusion in Annex XIV (list of substances subject to authorisation); and  Providing opinions on draft recommendations prepared by the ECHA Secretariat on priority substances to be included in Annex XIV. These will remain as regular tasks in the work program of MSC. 3(5) In addition, the Executive Director of ECHA may request MSC to provide technical and scientific support to improve cooperation between the Community, its MSs, international organisations and third countries on scientific and technical issues relating to the safety of substances, as well as active participation in technical assistance and capacity building activities on sound management of chemicals in developing countries. MSC may also be asked to draw up an opinion on any other aspects concerning the safety of substances on their own, in preparations or in articles. The work of MSC, including agendas and minutes of the meetings, may be consulted from http://echa.europa.eu/web/guest/about-us/who-we-are/member-state-committee 3TU U3T 4(5) Appendix 2 - Working procedures of the Committee There are fixed, in some cases very short (30 days) deadlines for the delivery of the MSC tasks. By default the majority of the cases that are brought to MSC are difficult in the sense that there are diverging views among the MSs or comments have been made on an issue. However, ECHA Secretariat provides MSC with all the necessary background information to support it in its agreement seeking either in the form of a proposal for a revised draft evaluation decision or otherwise. In each case if an agreement is not found within the deadline, ECHA will refer the case to the Commission decision making. However, MSC would have to adopt a view on the issue and record any minority views. The Rules of Procedure of MSC2 specify many aspects of the Committee’s operations, for example procedures for delegating certain tasks to working groups and use of written procedures. In addition, MSC has established specific working procedures for most of its tasks3. MSC is chaired by an ECHA staff member, Ms Katinka van der Jagt, supported by a Committee Secretariat provided by ECHA. The Secretariat is in particular responsible for:  organising the Committee meetings;  co-ordinating work within the Agency and with the other ECHA Committees, and promoting consistency of the decisions within and between the Committees;  capturing generic approaches based on conclusions from MSC and informing externals about the work and outputs of the MSC, such as meeting minutes and opinions, and maintaining a Manual of Decisions and Opinions; and  organising the follow-up of the MSC decisions. 2 MSC Rules of procedure may be consulted at the following link 3 The working procedures of MSC may be consulted at the following link in COMMITTEE'S PROCESSES 5(5) Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest 1. Purpose The management of (potential) conflict of interest situations is a key element of governance and management of every EU institution, body or agency and crucial for maintaining the trust of stakeholders and citizens in its integrity. Effective management of conflicts of interest and assuring legality and regularity of its processes is thus a crucial requirement if ECHA wants to play a pivotal role in ensuring that chemicals legislation and the decision- making processes and scientific basis underlying it have credibility with all stakeholders and the public. For this reason, it is vital to ensure ECHA’s independence and transparency. 1 In order to achieve this, ECHA has to strike a delicate balance between getting the right expertise to guarantee high quality science-based decision making and at the same time strictly avoiding conflicting interests influencing or seen as influencing the decision-making process. Important tools to achieve this balance are awareness raising, methods for detecting risks to the Agency’s integrity, the establishment of clear boundaries for (un)acceptable interests and the appropriate management of conflict of interest situations, including underlying clear procedures. In this, it is not so much a matter of eliminating any possibility of conflict of interest, but of detecting them at an early stage, recording them and handling them appropriately. 2. Scope This Procedure document2 applies to the entire ECHA organisation and all of its activities, whether administrative or scientific in nature. The scope thus includes all members, their advisers and invited experts of the ECHA bodies and networks, including the Board of Appeal, the observers participating to their meetings, the statutory staff of the ECHA Secretariat. For the specific groups below, the general principles of this procedure equally apply, but adaptations are made in view of their specific mandate: Expert groups Several expert groups support the Agency in its work, e.g.: • PBT expert group; • Endocrine Disruptor (ED) expert group; • Nanomaterial expert group. They are not formal bodies of the Agency and function merely as advisory bodies. They are composed of Member State representatives and several members from selected stakeholders, with a balanced composition. While the risk of conflicting interests affecting the formal work of ECHA is minimal, the chairs and members of each of the three expert groups listed above shall make an annual declaration of interest (with the exception of the members representing stakeholders, who have an obvious bias), which is published on the 1 See also recital 95 of Regulation (EC) No 1907/2006 (the “REACH Regulation”). 2 Adopted by the Management Board on 25 March 2021: Management Board Decision 8/2021, reference document MB/06/2021 final. TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 1 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest ECHA website for full transparency. Each meeting shall start with the request to declare competing interests, which are minuted. Networks The Agency also runs a number of networks and other discussion fora. As they are merely platforms for communication and the exchange of ideas, they are not subject to conflict of interest management. Stakeholder observers ECHA welcomes the attendance of observers of the stakeholder organisations at the meetings of the Committees, the Forum and informal ECHA expert groups and networks selected by the respective body, expert group or network. These stakeholder observers have to comply with the Code of conduct for observers 3. Furthermore, the Rules of Procedure of an ECHA body may foresee the possibility to invite case owners or applicants to participate in a meeting or part of it as observers. As these case owner/applicant observers clearly are attending the meeting to defend the interests of their organisation in a particular dossier, it is unnecessary that they make a declaration of interest. Strict compliance with the applicable Code of conduct shall be enforced 4. Contractors and interim staff Whenever the Agency is contracting external service providers to support it in its tasks, these contractors are contractually bound by confidentiality duties and to ensure that potential conflicts of interest are avoided. Based on those contractual provisions, the Agency may require external consultants (regardless of the fact whether the person is working intra- muros or not) or interim staff to make a specific declaration of interest with regard to the work performed for ECHA, in case their participation has a qualitative impact on the decision-making at the Agency. Trainees The general principles of this procedure apply to the trainees of the Agency, but as they are not given tasks where they would have a qualitative impact on the decision making of ECHA, they are not required to fill out an annual declaration of interest. Candidates for employment Also candidates for employment at the Agency are subject to this Procedure in so far that they shall be required to fill out a full declaration of interest once placed on a reserve list and be subject to a pre-recruitment conflict of interest check when offered a post at ECHA (see hereunder). 3 Code of conduct for observers at ECHA meetings (ED/62/2008). 4 See ECHA Code of conduct for case owners of evaluation draft decisions as observers at meetings of the Member State Committee (ED/89/2013) and ECHA Code of conduct for applicants participating in the Biocidal Products Committee and its Working Groups (ED/104/2013). TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 2 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest 3. Description All ECHA staff and members of ECHA bodies have the duty to declare all competing interests held by them by submitting and keeping up-to-date an annual declaration of interest compliant with the form FOR-0039 and submitting any specific declaration as required (see chapter 3.1). The chairpersons of the respective ECHA bodies (for external experts) and the respective line managers (for the staff of the Agency) have the duty to assess all competing interests declared and to put in place effective controls and to impose mitigating measures where such interest carry a risk of turning into conflicts of interest (see chapter 3.2). 3.1. Step 1: Declaring all possible competing interests 3.1.1. Before the mandate/employment All candidates for a position in the Agency (in an ECHA body or in the ECHA Secretariat) are thoroughly screened before appointment. For the statutory staff, in line with Article 11 of the Staff Regulations, before recruitment, all candidates for a position in the Agency are requested to make a written declaration of interest (based on FOR-0039) in order for the Appointing Authority to be able to assess any potential conflicts of interest in relation to the specific position that may be offered and to take appropriate mitigating measures if necessary. [For certain positions of trust (the position of Executive Director, Director, Head of Unit, permanent member of the Board of Appeal, Accounting Officer or Chairperson of an ECHA Committee), this assessment as required by Article 11 of the Staff Regulations is based on the below mentioned generic exclusion criteria (see chapter 3.2.1. and annex 2).] 5 For the members of the ECHA bodies, the pre-recruitment screening is based on the same generic exclusion criteria. For this purpose, candidates for appointment as members of an ECHA body for which the Management Board is the Appointing Authority (i.e. the Board of Appeal, the Risk Assessment Committee and the Committee for Socio-economic Analysis) shall be requested to complete a w r i t t e n declaration of interest (based on FOR-0039) following their placement on the list of candidates by the Commission or the nomination by their respective Member State. This should allow the Management Board to analyse the declarations made, in order to take an informed decision on each appointment. For the positions in ECHA bodies for which ECHA is not the Appointing Authority (membership in the Management Board, the Member State Committee, the Biocidal Products Committee and the Enforcement Forum), the same criteria are applied as guidelines to which the relevant Appointing Authorities are invited to adhere. 5 Formal adoption of the generic exclusion criteria applicable to ECHA staff members will be done via an implementing rule in accordance with Article 110(2) of the Staff Regulations. TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 3 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest 3.1.2. During the mandate/employment Specific declarations At each meeting the Management Board members and the members of the Committees and the Forum (and their advisors) and any experts participating in the meeting are explicitly asked by the chair to declare any interests which could be considered to be prejudicial to their independence with respect to any of the points on the agenda. Such conflicting interests are recorded in the minutes together with the specific mitigating measures imposed (see also chapter 3.2.2.) and made public. When a Committee member is appointed as Rapporteur or Co-Rapporteur, he or she needs to make for each case a written declaration of absence of conflict of interest in line with Article 87(1) of the REACH Regulation. A member of a Committee is not appointed rapporteur for a particular case if he/she indicates any interest that might be prejudicial to the independent consideration of that case. The members of the Board of Appeal are required to make an ad-hoc declaration for each specific case before the allocation of that case to them. If at any point in time the staff member’s independence to work on a specific dossier is at risk, the person involved must declare the specific interest in the dossier at hand to the process owner of the process in which he/she operates. Annual declarations Procedure According to Article 88(2) of the REACH Regulation, all members of the Management Board and of the Committees and the Forum shall, when taking up their duties, make a written declaration of interest which could be considered to be prejudicial to their independence. Also all members of the Board of Appeal are required to make an annual declaration of interest in writing. The initial declarations are renewed annually. The secretariat of the respective ECHA body is in contact with members in order to ensure that regular updates are provided. If at any point in time changes occur to the situation of the member’s interests, he/she makes an updated declaration without delay. The respective secretariat of the ECHA body shall enter the declarations of interest in a register, which is also published on the ECHA website. The same duty shall apply to the core members of working groups established under the auspices of one of these ECHA bodies (if no annual declaration was already submitted/published for the same member). Upon entry into the service at the Agency, the duty to declare all interests annually which is imposed on the Executive Director by the REACH Regulation is extended to all staff of the Agency. Besides filling in an initial declaration at the start of their employment, all staff members shall thus provide an annual update of this declaration. For the management staff (Executive Director, Directors and Heads of Unit), the permanent members of the Board of TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 4 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest Appeal and the chairpersons of the ECHA Committees, these declarations shall be published on the ECHA website. If at any point in time changes occur to the situation of the staff member’s interests, the person involved must update his/her declaration without delay. Content All interests that may interfere with the work of the Agency and its duty to take impartial and objective decisions in the public interest shall be declared. An affirmative answer in the annual declaration does not automatically disqualify the individual concerned, but requires the respective line manager (for staff) or the chair (for ECHA bodies) to have it screened in accordance with this Procedure, in order to determine if a conflict of interest exists. Timeframe: all current interests and those that existed during the last 5 years. One should count 5 years from the date of submitting the declaration. For interests held by close family members, investments and intellectual property rights, only current interests need to be declared. Family ties: all current interests held by any members of the declarant’s household (spouse, partner and dependent children, as well as other relatives under the care of the members of the household) should be declared. The names of the members of the declarant’s household do not need to be declared and the declaration shall be limited to the interests that the declarant is aware of to the best of his/her knowledge. Staff members should also recall that Article 13 of the Staff Regulations creates an obligation for them to inform the Appointing Authority of their spouse’s employment situation. The regulatory field of activity of ECHA: all interest that may interfere with the work of the Agency shall be declared. This means that all interests in a commercial entity or other organisation which is subject to the authority of ECHA (e.g. duty-holders under REACH, CLP, Biocides or PIC) or which has dealings with ECHA shall be declared. Only direct interests in duty-holders are considered and not interests in (potential) competitors or (potential) co-registrants. The above means that interests in e.g. IT companies do not need to be declared, not even by the Director of Information Systems, as possible conflicts of interest in this field only become relevant for procurement procedures for instance, while strict controls and specific mitigating measures are in place for preventing any such conflicts in this process (e.g. via specific declarations to be signed by all procurement panel members, etc.). Confidential interests: when bound by a professional or contractual duty of secrecy, for instance with regard to former clients represented (e.g. as lawyer or consultant), one shall only declare the employment with the law firm or consultancy firm concerned. The declarant shall then proactively make a specific declaration of absence of conflict of interest, each time a task is assigned to him/her related to a former client operating in the regulatory field of activity of the Agency. In some instance also the identity of substances worked on can be considered confidential, in which case they do not need to be included. TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 5 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest Employment, consultancy, legal representation or advice Employment is to be interpreted as covering all forms of employment (also self- employment), part-time and full-time, either paid or unpaid, in any organisation (profit or non-profit, public or private) whose activities fall within the regulatory field of activity of ECHA. Consultancy, legal representation or advice within the regulatory field of activity of ECHA, regardless of whether they charge a fee or not, is to be considered as well. This also includes the provision of an expert opinion or testimony for a commercial entity or other organisation, as part of a regulatory, legislative or judicial process. Any contracts or collaborations with ECHA should also be specified. As stated above, the obligation to declare shall not prejudice any professional or contractual duty of secrecy with regard to the identity of (former) clients or substances worked on. For members and invited experts of ECHA bodies, all current employment with a Member State Competent Authority shall also be covered. For ECHA staff members, outside activities which have been previously authorised by the Agency shall also be mentioned here. Information about subsidiaries/parent companies of a former employer shall be declared, but only to the extent that such corporate links are known to the declarant. Membership of a governing body, scientific advisory body or equivalent structure Membership of a governing body is to be interpreted as any participation in the internal decision-making (e.g. board membership, directorship) of a public or private organisation or commercial entity operating in the regulatory field of activity of ECHA. Participation in a scientific advisory body is to be interpreted as meaning that the person concerned is participating or has participated in the works of a scientific advisory body operating in the regulatory field of activity of ECHA with a right to vote on the outputs of that entity (e.g. voting on scientific output adopted by that entity). For this purpose the fact of whether this activity is remunerated or not is irrelevant. Other membership, affiliation or position This shall include active membership of or involvement in any organisation relevant to the regulatory field of activity of ECHA, other than the above. This shall in particular concern membership of interest groups (i.e. organisations engaged in activities carried out with the objective of directly or indirectly influencing the formulation or implementation of policy and decision-making processes of the Agency). However, membership of a religious group, a political party, a trade union or comparable entity does not need to be declared. Active membership or involvement shall include the making of donations beyond the regular membership fee; active participation to events or other contributions to activities; active involvement in the internal working of the organisation; et cetera. Public office or other positions should be interpreted as the holding of an office or other position, paid or unpaid, where the declarant represents interests or defends an opinion in the regulatory field of activity of ECHA. TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 6 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest With regard to ECHA staff members who intend to stand for public office, or have been elected or appointed to public office, Article 15 of the Staff Regulations establishes the obligation to inform the Appointing Authority, who will decide whether and under what modalities the staff member may continue to discharge his/her duties. Research funding This includes any funding for research provided by a private or public entity, including grants, rents, sponsorships and fellowships and received in a personal capacity or via the research entity to which one belongs (as long as it is related to projects to which the declarant has or had direct links) and falling within the regulatory field of activity of ECHA. Non-monetary support is also envisaged (e.g. equipment, facilities, research assistants, paid travel to meetings, et cetera). The declarant is requested to specify the estimated value if possible. Investments A conflict of interest would arise if an individual working with ECHA were to handle a matter or otherwise take part in a decision-making process (including through consultation) involving a commercial entity in which the person(s) concerned holds securities or otherwise has a financial interest. For ECHA staff members, such situations are expressly covered by Article 11a of the Staff Regulations. Paragraph 3 states: “He [the official] may neither keep nor acquire, directly or indirectly, in undertakings which are subject to the authority of the institution to which he belongs or which have dealings with that institution, any interest of such kind or magnitude as might impair his independence in the performance of his duties.” Consequently, the Agency has decided that the holding of a current financial interest of more than 10,000 EUR per commercial entity is considered as such a substantial value that it should be declared. In addition and notwithstanding their financial value, holding of shares, stocks or comparable amounting to a voting right of 5 % or more in a company, should be declared. Several investments in the same commercial entity made by different persons in the same household shall be counted together for calculating the threshold. However, several investments in different companies are not counted together for calculating the threshold. Interests below the threshold are to be declared on a voluntary basis. In view of frequent changes in the price value of such investments one shall update the declaration when the price has been fixed for a certain period of time above the threshold. The declarant is requested to specify the estimated value at the time of submission. The term ’financial interest’ or ‘investment’ shall mean any financial interest in undertakings which are subject to the authority of ECHA or which have dealings with ECHA, including the holding of stocks and shares, stock options, equity, bonds, and/or partnership interest in the capital of such an undertaking. This includes ’financial interests’ or ‘investments’ in a subsidiary of the said undertaking or in a commercial entity in which the said undertaking holds capital. Partnerships in law-firms or other managerial stakes are to be considered as well, if not already covered under one of the other sections. However, the holding of financial interest through an investment fund, pension fund and/or interests in non-nominal unit trusts or similar arrangements would not, in principle, need to TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 7 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest be declared, provided that these investments are broadly diversified and the individual has no influence on their financial management. Intellectual property These are the rights granted to creators and owners of works that are the result of human intellectual creativity and that pertain to a domain falling within the regulatory field of activity of ECHA. These can be publications or can be in the industrial, scientific and artistic domain. They can be in the form of an invention, a manuscript, a suite of software, or a business name (e.g. copyrights, trademarks, patents, et cetera). Proprietary know-how in a substance, technology or process can also be relevant. The declarant is requested to specify the estimated value at the time of submission if possible. Other relevant information In addition to the interests above, a declarant should declare any other interest or fact that might prejudice their independence. These other elements may for instance include: - relevant interests held beyond the past 5 years; - close personal relationships (such as those with adult offspring, non dependent parents or siblings, close personal friendships, et cetera) and interests held by such individuals; - the delivery of speeches or training for a commercial entity or other organisation with an interest in the regulatory field of activity of ECHA, regardless of whether any payment was provided; - continuing rights of return to previous employment or positions and standing offers or agreements about future employment; - gifts received exceeding 50 EUR (including travel, hospitality or other forms of valuable benefit). TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 8 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest 3.2. Step 2: Effective controls for preventing conflicts of interests: applying cooling off periods Based on the annual and specific declarations, the chairpersons of the respective ECHA bodies (for external experts) and the respective line managers (for the staff of the Agency) have the duty to assess all competing interests declared and to put in place effective controls and to impose mitigating measures where such interests carry a risk of turning into conflicts of interest. 3.2.1. Assessment criteria Generic exclusion criteria applicable for key positions For certain key positions for which ECHA is the Appointing Authority, it has adopted generic exclusion criteria (see annex 2) with which candidates have to comply to be considered for appointment, including for the position of: • Management staff in the Agency (Executive Director, Director, Head of Unit); • Chairman of the Member State Committee, Committee for Risk Assessment and Committee for Socio-economic Analysis; • Accounting Officer in the Agency; • Member of the Agency’s Board of Appeal; • Member of the Committee for Risk Assessment; • Member of the Committee for Socio-economic Analysis. For the positions for which ECHA is not the Appointing Authority the same criteria are applied as guidelines (see annex 2) to which the relevant Appointing Authorities are invited to adhere: • Member of the Management Board (with the exception of the Commission when appointing the three Management Board members to represent interested parties) • Member of the Member State Committee; • Member of the Biocidal Products Committee; • Member of the Enforcement Forum. Specific restrictions applicable to all staff and all members of ECHA bodies Certain competing interests declared do not lead to a generic exclusion from appointment, but may lead to a specific restriction from the decision making (for staff) of from the voting in the decision making of the Agency (for members of ECHA bodies) for a specific commercial entity or substance for a period of up to five years. On this basis, an overview of the allowable and non-allowable interests is presented in annex 1. Employment Agency staff or members of the ECHA bodies who have been employed by or had another professional relationship (e.g. consultancy or legal advice) with a commercial entity, shall not be able to participate in the decision making/voting of opinions or decisions which create or modify legal rights or obligations of that commercial entity for a period of five years counted from the end of the employment or other professional relationship. Membership of governing boards and permanent scientific advisory bodies TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 9 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest Agency staff or members of the ECHA bodies who have been member of a governance board or permanent scientific advisory body of a commercial entity, shall not be able to participate in the decision making/voting of opinions or decisions which create or modify legal rights or obligations of that commercial entity for a period of five years counted from the end of the membership. Investments and intellectual property Agency staff or members of the ECHA bodies who hold current investments above 10.000 EUR (or giving right to 5% or more of voting rights) in a specific commercial entity or intellectual property in a specific commercial entity or manufacture or use of a substance, shall not be able to participate in the decision making/voting of the opinion- or decision making with regard to that substance or commercial entity for as long as the investment or intellectual property is kept.6 Research funding Agency staff or members of the ECHA bodies who receive any research funding above 25% of the total research budget from a specific commercial entity shall not be able to participate in the decision making/voting of opinions or decisions which create or modify legal rights or obligations of that commercial entity for a period of five years counted from the end of the funding. Other competing interests declared Other competing interests declared are assessed case by case and mitigating measures and ad hoc restrictions to participate in the decision making are imposed by the chairperson of the respective ECHA body or the line manager of the staff member. Expert witnesses As an exception to the rules laid down above, it may be possible that the specific expertise of an expert or staff member is required despite the risk of a potential (perceived) conflict of interest, e.g. due to the very specific expertise required or the unavailability of other experts. In such cases, the Agency staff member or member of an ECHA body concerned shall not participate to the decision making (i.e. not participate to the voting on the opinion or decision), but may be heard as an expert witness. 6 For the members of the ECHA bodies, the ECHA management, the Accounting Officer and the Chairpersons of the Committees, current investments above 10.000 EUR (or giving right to 5% or more of voting rights) are even generic cooling off criteria (exclusion criteria) that prevent appointment. It is to be noted however, that a zero tolerance policy for financial investments would not be feasible for ECHA due to the fact that chemicals are everywhere and any manufacturing company is a potential duty holder towards the Agency, e.g. going from shoe manufacturers to furniture to cars. The ECHA threshold is aligned with Commission decision C(2016)3301 final of 30.5.2016 establishing horizontal rules on the creation and operation of Commission expert groups. TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 10 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest 3.2.2. Identifying risk levels and mitigating measures for competing interests declared ECHA Staff (see also Work Instruction (WIN-0105) Prevention of Conflicts of Interest of ECHA staff members) Upon the receipt of the annually updated declaration of (competing) interests, the respective line manager reviews the content of the declaration and the staff members are classified into two risk levels: o Staff members that have not declared any competing interests (“clearance list”); o Staff members that hold one or more competing interests. The annual declaration of interest of the Executive Director is reviewed by the Chair of the Management Board. Mitigating measures: The staff members with the first risk level can be assigned to any task without a further conflict of interest check. For the second group a documented conflict of interest check will be performed each time a new task is assigned in processes that require (conflict of) interest management. The specific restrictions as defined under chapter 3.2.1. apply to these staff members. The process owners shall, based on a risk assessment, define the processes in the Agency that require interest management. In such processes, conflict of interest checks shall be performed each time a particular staff member is assigned to a role in the process. Such interest checks are performed on the basis of the annual and (where relevant) specific declarations made by the staff members concerned and documented by the process owner. If there is a potential conflict of interest, another staff member shall be assigned, unless appropriate mitigating measures are imposed to guarantee the independent outcome of the procedure. Board of Appeal (see also Work Instruction (WIN-BOA-010) Conflict of Interests checks) The annual declarations of the Board of Appeal members are monitored by its Chair. The Chairman’s declarations are monitored by the longest serving member of the Board of Appeal. Specific, case-related declarations by a member of the Board of Appeal are assessed by the other Board of Appeal members, who shall decide as to the action to be taken. If a member of the Board of Appeal considers that because of a conflict of interests he/she must not take part in the specific legal proceedings, he/she shall inform the Board of Appeal accordingly. The Chairman may replace that member by an alternate. Likewise, members of the Board of Appeal may be objected to by any party to the appeal proceedings on the grounds of possible conflicts of interest. In this situation, the Board of TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 11 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest Appeal shall decide as to the action to be taken without the participation of the member concerned. For the purpose of taking this decision, the member concerned shall be replaced by an alternate.7 Management Board, Committees and Forum Members who have not submitted the annual declaration of interest shall not take part in meetings of the ECHA body and its working groups or decisions by written procedure. Upon receipt of the annually updated declaration of (competing) interests, the chairperson of each ECHA body, with the assistance of the ECHA secretariat, shall identify one of the below risk levels for each of the competing interests declared by the members of his/her respective ECHA body: • A (“interest cleared”): no competing interests declared or cleared as not relevant to the work of respective ECHA body When no competing interests are declared at all or the declared competing interest is classified as not relevant to the work of the respective ECHA body, e.g. because it falls outside the regulatory field of activity of ECHA, it is given the risk level A. All interests declared in a public organisation (body established under public law of a Member State serving a public interest) that is solely financed with public resources shall also be given the risk level A. Mitigating measures: None. All competing interests that receive the risk level A are considered as not relevant and it clears the respective expert to work on any task assigned to the respective ECHA body, unless he/she has other competing interests that are classified with a B or C risk level. However, public sector experts that have earlier contributed to the same case at Member State level may be at risk of being put in a position of conflict of opinion when asked by ECHA to review this earlier work. Therefore, members of the ECHA bodies may, where appropriate, be asked to refrain from voting on proposals for opinion or decision that they have contributed to themselves or that are otherwise stemming from the Member State that has nominated or appointed them. • B (“interests require ad hoc assessment”): competing interest may be relevant to the work of the respective ECHA body under certain specific circumstances For competing interests declared in the field of “research funding” below 25% of the total research budget; interests in “interest groups”; “other membership, affiliation or position”; “other relevant information” and “interests held by close family members” the identification of potential conflicts of interest can only be performed ad hoc, depending on the exact details and circumstances of the case. Mitigating measures: the competing interests covered by this risk level have to be reviewed before each meeting against the agenda of such meeting and/or declared ad hoc by the experts themselves in a specific oral declaration at the start of each meeting (minuted). 7 See Article 90(5)-(7) of the REACH Regulation. TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 12 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest Depending on the exact details and circumstances of the case and based on the following criteria, a decision is made by the chairperson on the possible application of an ad hoc restriction: o Direct interest (e.g. in the company/substance concerned) or indirect interest (e.g. interest of spouse, interest in competitor substance, interest is sector- wide but not related to one company, etc.); o Amount/percentage of the research funding (below 25%) stemming from a party with an interest in the outcome of the regulatory processes of ECHA; o Relevance of the membership, affiliation or position for the regulatory activity under discussion; o Role of the individual concerned in the regulatory process; o Etc. When a restriction is applied, the chairperson shall decide on the appropriate level of participation. This applies accordingly for the cases of written procedures in ECHA bodies. As a minimum, such person shall not participate in any voting on the relevant agenda point (see Article 88(3) of the REACH Regulation). Such person shall also not transfer his/her voting right by proxy to another member. This does not preclude the replacement by an alternate. The member concerned shall also not be appointed as (co-)rapporteur for a particular case if he/she indicates any conflicting interests (see Article 87(1) of the REACH Regulation). Additionally, where further steps are deemed necessary, the chair shall at least have at his/her disposal any of the following instruments to mitigate the issue: o The member concerned can participate in the discussions but shall not participate in the final deliberations on the relevant agenda point; o The member concerned shall not participate in the discussions or final deliberations on the relevant agenda point; o The member concerned is to leave the room for the duration of the relevant agenda point; o The member concerned shall participate only as an expert witness in order to testify and give specialist advice on a specific issue by providing information and replying to any questions; o In the case that an alternate can be appointed in the pertinent ECHA body, the member concerned may be replaced by his/her alternate for the relevant agenda point; o Where the Chair is concerned, he/she is to be replaced for the relevant agenda point. • C (“interest leads to specific restriction”): competing interest covered by a specific cooling off period When the declared competing interest is covered by one of the specific restrictions described under chapter 3.2.1. above, it is given the risk level C. Mitigating measures: for the competing interest covered by such a specific cooling off period, the expert cannot vote in the opinion- or decision making on this specific substance or company for a duration of five years. For the competing interests declared orally at the beginning of a meeting, on the basis of the type and nature of the potential conflict identified, the chairperson shall decide on the TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 13 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest appropriate level of participation, based on the same criteria and using the same instruments as indicated above for interests with risk level B. 3.2.3. Mitigating measures for conflicts of interest of a general nature and breach of trust ECHA bodies Any false declaration, wilful omission or refusal to declare interests or any other failure to comply with this procedure may be seen as a breach of trust towards the Agency. The same applies for any persistent conflict of interest which seriously hampers the functioning of the ECHA body. The respective chair of the ECHA body shall inform the Executive Director of the Agency of any suspected breach and can decide on remedial actions. In case the remedial actions do not bring the expected outcome, the chair in consultation with the Executive Director shall send a formal notification to the Appointing Authority 8 stating the nature of the problem. The respective Appointing Authority is responsible for adopting any formal decision as a consequence of a (potential) conflict of interest when they are informed of a situation which may be detrimental to the Agency. Such decision may vary from a letter of reprimand to the request or duty to resign or the revocation of the nomination / appointment. The nominating authority shall be consulted before any such formal decision is taken. The members of the Board of Appeal may not be removed from office unless there are serious grounds and only by decision of the Commission, after obtaining the opinion of the Management Board. In case the Executive Director is not satisfied with the remedies put in place by the chair or by the Appointing Authority, he/she shall inform the ECHA body concerned of this fact in its next meeting and have it noted in the minutes of the meeting. Anyone affected by a decision of the chair of an ECHA body to implement remedial actions can request the Chair of the Management Board for a review of such decision. The Chair of the Management Board, in consultation with the Executive Director, shall decide on the follow-up, with the possibility to consult the Conflicts of Interest Advisory Committee. ECHA staff Any persistent conflict of interest that may hamper the proper functioning of an ECHA staff member in his/her current function shall be assessed by the respective line managers and escalated towards the Appointing Authority for decision if necessary. Where necessary, appropriate mitigating measures will be implemented (e.g. change in task description, move 8 For the Management Board the appointing authority is either the Council of the European Union (for the members nominated by the Member States), the Commission or the Parliament (Article 79 of the REACH Regulation). The appointing authority for the Member State Committee, the Biocidal Products Committee and the Forum are the respective Member States (Articles 85(3) and 86 of the REACH Regulation and Article 75(2) of the BPR), while for the Board of Appeal, the Committee for Risk Assessment and the Committee for Socio-economic Analysis the appointing authority is the ECHA Management Board or the Committee in the case of co-opted members. TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 14 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest to another position in the interest of service, etc.)9. The Appointing Authority shall have the possibility to consult the Conflicts of Interest Advisory Committee before deciding on the action to take. Any false declaration or wilful omission of potential conflicts of interest, as well as the refusal to declare interests may result in disciplinary action under the Staff Regulations. 3.3. After the end of the mandate/employment Post-employment declarations Members of the ECHA bodies, staff members of the Agency, members of networks or expert groups, observers and third parties working with the Agency shall be required, even after their duties have ceased, not to disclose information of the kind covered by the duty of professional secrecy10. When a staff member leaves the service at ECHA, he/she shall continue to be bound by the duty to behave with integrity and discretion as regards the acceptance of certain appointments or benefits. They shall be reminded of their duties under the Staff Regulations and shall duly sign a document regarding integrity, discretion and confidentiality. Furthermore, when leaving the Agency service, former ECHA staff have to notify the Agency for a period of two years any new occupational activity they intend to engage in. If that activity is related to the work carried out by the staff member during the last three years of service and could lead to a conflict with the legitimate interests of the Agency, the Appointing Authority can, if needed, either forbid the former staff member from undertaking it or give its approval subject to any conditions it thinks fit (Article 16 Staff Regulations). For the senior management of the Agency, the outcome of such decisions is published on the ECHA website for full transparency. 3.4. Additional controls Ex-post controls The respective secretariat of each ECHA body shall undertake sample checks to guarantee the accuracy and completeness of the annual declarations submitted by the members of the ECHA bodies. Each year the ECHA Secretariat shall undertake a number of ex-post reviews of conflict of interest checks performed. To that end, it shall verify for a number of randomly selected case files whether conflict of interest checks were performed according to this procedure and its implementing rules. An ex-post review shall be mandatory with regard to the concerned case file(s) when an actual conflict of interest is discovered. Similarly, if the person concerned by an established breach of trust was involved in an opinion- or decision-making procedure, the Agency may 9 For the regular members of the Board of Appeal (who are also ECHA staff) the provisions of Article 90 of the REACH Regulation will apply. 10 See e.g. Article 105 of the REACH Regulation and Article 12 of ED/62/2008. TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 15 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest carry out an ex post review of the person's activities and contributions to the Agency's output. Conflict of Interest Advisory Committee A Conflict of Interest Advisory Committee (CoIAC) is established as an advisory body in the context of this Procedure. It is available to the Management Board, the Committees and the Forum as well as to the Executive Director for advice on matters related to (potential) conflicts of interest of individuals staffing the Agency or members of its bodies. It is composed of the Head of the Legal Affairs unit of the Agency, acting as Chair; of a person designated by the Management Board from among its members; and of an outside expert designated by the Management Board, on a proposal by the Executive Director, for its competence in the field of conflicts of interest. All members shall make an annual declaration of interest, which is published on the ECHA website. The Executive Director can consult the Conflict of Interest Advisory Committee in all stages of the process of handling a potential situation of conflicting interests, to seek their advice on the individual case at hand. The chair of any of the ECHA bodies can also request the Executive Director to consult the Conflict of Interest Advisory Committee. On request of the Executive Director, possibly prompted by the chair of an ECHA body, the Conflict of Interest Advisory Committee issues a reasoned advice, without prejudice to the decision-making powers of the Agency body requesting it. For issues related to the Board of Appeal, the Management Board has established a standing working group. This working group can also provide advice on issues related to (potential) conflicts of interest. Where necessary and as appropriate, the working group may ask the Chair of the Management Board to consult the CoIAC in order to guarantee consistency in the application of conflict of interest criteria within the Agency. In case one of the members of CoIAC is prevented from exercising their functions (e.g. due to a conflict of interest or a long term absence), he/she shall be replaced for that particular case or time period by an ad hoc member appointed by the Chair of the Management Board. The Chair of CoIAC shall be replaced for matters related to the Board of Appeal. 3.5. Further implementation As the legal representative of the Agency and responsible for the daily management of the Agency, the Executive Director shall adopt implementing rules to this procedure, containing the detailed rules for preventing and handling conflicts of interest. He/she shall regularly report on the implementation of the procedure to the Management Board and in the annual activity report of the Agency. The ECHA bodies shall include detailed provisions for the implementation of this procedure into their respective Rules of Procedures, Codes of Conduct and working procedures. Where necessary and if applicable, the chair may decide to impose the same requirements on the regular members of working groups established by the respective ECHA bodies. The staff of the ECHA Secretariat shall further comply with all other obligations that are imposed on them by the Staff Regulations (see Articles 11 to 19) and its implementing rules. For operational processes of ECHA where Member State authorities perform specific tasks and prepare proposals which are later subject to ECHA’s opinions or decisions, a common TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 16 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest understanding and approach towards the independence and impartiality of the work performed shall be sought and laid down in a Memorandum of Understanding. 4. Flowchart N/A 5. Definitions Term or abbreviation Definition “Active” membership of or Active membership of or involvement in any organisation relevant to affiliation to an organisation the regulatory field of activity of ECHA, other than a governing body or scientific advisory body. This shall in particular concern membership of interest groups (i.e. organisations engaged in activities carried out with the objective of directly or indirectly influencing the formulation or implementation of policy and decision- making processes of the Agency). However, membership of a religious group, a political party, a trade union or comparable entity does not need to be declared. Active membership or involvement shall include the making of donations beyond the regular membership fee; active participation to events or other contributions to activities; active involvement in the internal working of the organisation; et cetera. Breach of trust Any false declaration, wilful omission or refusal to declare interests or any other failure to comply with the agency's conflict of interest policy. Close family members The persons forming a household with the person making the declaration of interest (i.e. spouse, partner, and/or dependent children, as well as other relatives under the care of the members of the household). CoIAC Conflicts of Interest Advisory Committee Commercial entity Includes any commercial business, consultancy, research institute or other enterprise, whose funding is significantly derived from commercial sources. It also includes independent own commercial businesses, law offices, consultancies or other. Conflict of interest There is a conflict of interest where the impartiality and objectivity of a decision, opinion or recommendation of the Agency, including its bodies, is or might in the public perception be compromised by an interest held by, or entrusted to, an individual working for the Agency. More specifically, this means that a conflict of interest can arise if private interests of those involved in the activities of ECHA interfere with the work of the Agency and its duty to take impartial and objective decisions in the public interest. A conflict of interest TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 17 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest Term or abbreviation Definition situation can also exist if personal interests are perceived by others as interfering with the work of ECHA and, thus, undermining the public’s trust in the integrity of the Agency and its work. ECHA body The ECHA bodies shall include the Management Board, the Member State Committee, the Risk Assessment Committee, the Committee for Socio-economic Analysis, the Biocidal Products Committee, the Enforcement Forum and the Board of Appeal. ECHA Secretariat The ECHA Secretariat works under the leadership of the Executive Director and provides technical, scientific and administrative support for the Committees and the Forum and ensures appropriate coordination between them. It shall also undertake the work required of the Agency under the procedures for pre-registration, registration and evaluation as well as preparation of guidance, database maintenance and information provision (Article 76(1)(g) of the REACH Regulation). Employment, consultancy, All forms of employment (also self-employment), part-time and full- legal representation or advice time, either paid or unpaid, in any organisation (profit or non-profit, public or private) whose activities fall within the regulatory field of activity of ECHA. Consultancy, legal representation or advice within the regulatory field of activity of ECHA, regardless of whether they charge a fee or not, is to be considered as well. Intellectual property These are the rights granted to creators and owners of works that are the result of human intellectual creativity and that pertain to a domain falling within the regulatory field of activity of ECHA. These can be publications or can be in the industrial, scientific and artistic domain. They can be in the form of an invention, a manuscript, a suite of software, or a business name (e.g. copyrights, trademarks, patents, et cetera). Proprietary know-how in a substance, technology or process can also be relevant. Investment Any financial interest in undertakings which are subject to the authority of ECHA or which have dealings with ECHA, including the holding of stocks and shares, stock options, equity, bonds, and/or partnership interest in the capital of such an undertaking. This includes ’financial interests’ or ‘investments’ in a subsidiary of the said undertaking or in a commercial entity in which the said undertaking holds capital. Partnerships in law-firms or other managerial stakes are to be considered as well. However, the holding of financial interest through an investment fund, pension fund and/or interests in non-nominal unit trusts or similar arrangements would not, in principle, need to be declared, provided that these investments are broadly diversified, and the individual has no influence on their financial management. Membership of a governing Any participation in the internal decision-making (e.g. board body or equivalent structure membership, directorship) of a public or private organisation or TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 18 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest Term or abbreviation Definition commercial entity operating in the regulatory field of activity of ECHA. For this purpose, the fact of whether this activity is remunerated or not is irrelevant. Membership of a scientific Any participation in the works of a scientific advisory body operating advisory body or equivalent in the regulatory field of activity of ECHA with a right to vote on the structure outputs of that entity (e.g. voting on scientific output adopted by that entity). For this purpose, the fact of whether this activity is remunerated or not is irrelevant. Organisation Governmental, international and non-profit organisations active in the regulatory field of activity of ECHA, as well as interest groups (i.e. organisations and self-employed individuals engaged in activities carried out with the objective of directly or indirectly influencing the formulation or implementation of policy and decision- making processes of the Agency. Process owner A process owner is a person (staff member of the ECHA Secretariat) designated by the Executive Director, responsible for the efficient and effective functioning of the process and has the necessary authority to take action or make decisions with an impact on the process performance. In general, the process owner ensures that proper action is taken with respect to the implementation, maintenance, control and improvement of the process. Research funding Any funding for research provided by a private or public entity, including grants, rents, sponsorships and fellowships and received in a personal capacity or via the research entity to which one belongs (as long as it is related to projects to which the declarant has or had direct links) and falling within the regulatory field of activity of ECHA. Non-monetary support is also envisaged (e.g. equipment, facilities, research assistants, paid travel to meetings, et cetera). 6. Records Record name Security level Comments Declarations of interest of members of Public ECHA bodies Declarations of interest of ECHA Public managers Declarations of interest and of Restricted commitment of ECHA staff Declaration of commitment and of confidentiality of members of ECHA Restricted bodies TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 19 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest Record name Security level Comments Declaration of confidentiality of ECHA Restricted staff Specific declarations of interest related to a point on the agenda of a meeting of Public an ECHA body, as recorded in the minutes Specific declarations of interest by an Dependent on the ECHA staff member related to a specific case file concerned dossier, as recorded in the case file 7. References Associated document code Document name REACH Regulation 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 Biocidal Products Regulation Regulation (EU) No 528/2012 of the European Parliament and of the (BPR) Council of 22 May 2012 concerning the making available on the market and use of biocidal products Regulation (EC) No 771/2008 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 Staff Regulations Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union MB/11/2008 amended by Code of Good Administrative Behaviour for the staff of the European MB/21/2013 Chemicals Agency MB/12/2012 D final Implementing rules on the conduct of administrative inquiries and disciplinary proceeding MB/38/2012/D (2) final Terms of Reference of the ECHA Conflicts of Interest Advisory Committee MB/56/2019 Rules of Procedure for the Committee for Risk Assessment MB/57/2019 Rules of Procedure for the Committee for Socio-economic Analysis MB/33/2020 final Rules of Procedure for the Management Board MB/29/2020 final Rules of Procedure for the Member State Committee MB/25/2013 final Rules of Procedure for the Biocidal Products Committee TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 20 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest Associated document code Document name MB/34/2020 final Rules of Procedure for the Forum for Exchange of Information on Enforcement Commission decision C(2018) Implementing Rules to the EU Staff Regulations on Outside activities 4048 final and assignments ED-0035.01 Code of conduct for observers at ECHA meetings ED/159/2012 Guidance on gifts and hospitality ED/08/2013 General Principles and Guidance for Committee Members of the European Chemicals Agency ED/43/2013 General Principles and Guidance for members of the Forum for Exchange of Information on Enforcement of the European Chemicals Agency ED/89/2013 ECHA Code of conduct for case owners of evaluation draft decisions as observers at meetings of the Member State Committee (MSC) ED/104/2013 Code of conduct for applicants participating in the Biocidal Products Committee and its Working Groups ED/66/2018 Rules on the secondment of national experts to the European Chemicals Agency (ECHA) BoA/01/2018 Code of conduct of the members of the Board of Appeal of the European Chemicals Agency as regards its alternate and additional members 8. Annexes Annex 1 – Overview of allowable and non-allowable interests Annex 2 – Generic exclusion criteria for key positions TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 21 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest Annex 1 – Overview of allowable and non-allowable interests Full exclusion applied (before appointment/employment) Specific restriction applied for 5 years for specific company concerned (during mandate/employment) Allowable interests: no exclusion nor restriction Interests subject to case-by-case assessment External experts ECHA staff Management Committees Additional Regular members of Other ECHA staff Board and Forum and alternate the Board of Appeal – members members members of ECHA managers – the Board of Accounting Officer – Appeal Committee chairpersons Non-allowable interests Current employment (in a position of relevant importance) by, or holding a Under the Staff position in a governing body or permanent scientific advisory body (whether paid Regulations for EU or unpaid) of, a commercial enterprise with an interest in the regulatory field of officials, all ECHA staff activity of the Agency. members have to receive the approval of Current active membership of, or employment by (in a position of relevant the appointing authority importance), an association or other body (except a body established under public for any outside activity law serving a public interest) which can be considered an interest group with an or assignment, interest in the field of chemicals management. regardless whether the activity is paid or unpaid. Current personal contractual obligations to perform work for a commercial entity or an interest group with an interest in the regulatory field of activity of the Agency. Current investments above 10.000 EUR (or giving right to 5% or more of Current investments voting rights) in a commercial entity manufacturing, importing, supplying or above 10.000 EUR (or placing on the market substances or mixtures subject to the authority of the giving right to 5% or Agency. more of voting rights) in a commercial entity (with regard to that commercial entity for as long as the investment is kept) Past employment by (in a position of relevant importance), or holding a position in a governing body or permanent scientific advisory body (whether paid or unpaid) of, a commercial enterprise with an interest in the regulatory field of activity of the Agency within the past two years when the individual concerned has a potential conflict of interest of a general nature that would lead to multiple exclusions of the individual from the meetings of the ECHA body concerned, from rapporteurship or from the decision-making of the Board of Appeal. TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 22 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest Past active membership of, or employment by, an association or other body (except a body established under public law serving a public interest) which can be considered an interest group with an interest in the field of chemicals management within the past two years when the individual concerned has a potential conflict of interest of a general nature that would lead to multiple exclusions of the individual from the meetings of the ECHA body concerned, from rapporteurship or from the decision-making of the Board of Appeal. For candidates for the position of Accounting Officer, Executive Director or member of the Board of Appeal: Close family relationship with any of the persons currently occupying one of these same positions or of the position of member of the Management Board or Executive Director or senior manager (Director) at ECHA. Past employment or another professional relationship (e.g. consultancy or legal advice) with a commercial entity for a period of five years counted from the end of the employment or other professional relationship (with regard to opinions or decisions which create or modify legal rights or obligations of that commercial entity) Past membership of a governance board or permanent scientific advisory body with a commercial entity for a period of five years counted from the end of the membership (with regard to opinions or decisions which create or modify legal rights or obligations of that commercial entity) Current intellectual property in a specific commercial entity or substance (with regard to that substance or commercial entity for as long as the intellectual property is kept) Research funding above 25% of the total research budget received from a specific company for a period of five years counted from the end of the funding (with regard to opinions or decisions which create or modify legal rights or obligations of that commercial entity) Allowable interests Interests outside the regulatory field of activity of ECHA, with no restrictions. Past interests, for which a period of 5 years or more has passed, with no restrictions. Current and past employment by, or holding a position in a governing body or permanent scientific advisory body (whether paid or unpaid) of, a public organisation (including e.g. national competent authorities).11 Current investments below 10,000 EUR per commercial entity, with no restrictions (except if these investments would amount to voting rights of 5% or more in such commercial entity). Current non-active membership/affiliation or past active membership/affiliation in an organisation relevant to the regulatory field of activity of ECHA for which a period of five years has passed, with no restrictions. Current and past active membership or affiliation in organisations not relevant to the regulatory field of activity of ECHA, with no restrictions. 11 This includes organisations solely financed with public resources. However, experts that have earlier contributed to the same case at Member State level may be at risk of being put in a position of conflict of opinion when asked by ECHA to review this earlier work. Therefore, members of ECHA bodies may, where appropriate, be asked to refrain from voting on proposals for opinion or decision that they have contributed to themselves or that are otherwise stemming from the Member State that has nominated or appointed them. TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 23 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest Past interests of members of the same household, with no restrictions. Interests subject to a case-by-case analysis, taking into account all the specific elements of the case All current and past interests related to research funding below 25%, memberships, affiliation and positions and close personal relationships (beyond those with the members of household). TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 24 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest Annex 2 – Generic exclusion criteria for candidates for membership in the ECHA bodies and for key positions in the ECHA Secretariat12 Group 1: Candidates for membership in the Committee for Risk Assessment, the Committee for Socio-economic Analysis or additional or alternate members of the Board of Appeal have to comply with the generic exclusion criteria a) -e) (and for some positions also criteria f)) below to be considered for appointment by the Management Board. Group 2: For the candidates for membership in the Management Board, the Member State Committee, the Biocidal Products Committee, the Enforcement Forum (group 2), with the exception of the Commission when appointing the three Management Board members to represent interested parties, the relevant appointing authorities are invited to respect the ECHA Conflict of Interest Policy and to adhere to the below guidelines for exclusion a) – e) when appointing members to such ECHA bodies. Group 3: candidates for the position of Chairmen of the ECHA Committees (MSC, RAC, SEAC, BPC), Accounting Officer or for the position of Executive Director, Director, Head of Unit or permanent member of the Board of Appeal have to comply with the generic exclusion criteria d) – e) (and for some positions also criteria f) ) below to be considered for appointment. The first three criteria a) -c) are not relevant for the candidates for the above positions and do not apply, as they become ECHA staff members and they will have to comply with the Staff Regulations for EU officials, and in particular the obligation to receive the approval of the appointing authority for any outside activity.]13 a. Candidates being currently employed by (in a position of relevant importance), whether paid or unpaid, a commercial entity with an interest in the regulatory field of activity of the Agency or an association or other body (except a body established under public law of a Member State serving a public interest) which can be considered as an interest group with an interest in the field of chemicals management shall not be appointed. Appointed members of the Committees of the Agency shall resign from the Committee before they enter into service in any such enterprise. b. Candidates being an active member of, or holding a position in a governing body or permanent14 scientific advisory body of a commercial entity with an interest in the regulatory field of activity of the Agency or an association 12 The scope of the generic exclusion criteria shall be limited to duty-holders and interest groups subject to the authority of ECHA or active in the regulatory field of activity of ECHA as appropriate taking into account the mandate of the respective ECHA body. The generic exclusion criteria apply equally to the interests held by members of the candidates’ household if significant interests are at stake that would potentially lead to multiple exclusions of the candidate from the meetings of the ECHA body, the decision making of the Agency or from rapporteurship. 13 Formal adoption of the generic exclusion criteria applicable to ECHA staff members will be done via an implementing rule in accordance with Article 110(2) of the Staff Regulations. 14 As opposed to ad hoc or temporary project boards TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 25 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest or other body (except a body established under public law of a Member State serving a public interest) which can be considered as an interest group with an interest in the field of chemicals management shall not be appointed. Appointed members shall resign from the Committee before they enter into service in any such association. c. Candidates who personally have contractual obligations to perform work for a commercial entity or interest group with an interest in the regulatory field of activity of the Agency after having been appointed as members, shall (a) withdraw from current contracts and (b) refrain from entering into any new contracts with such commercial entities or organisations. d. Candidates who currently hold investments above 10.000 EUR in a commercial entity manufacturing, importing or supplying substances or mixtures subject to the authority of the Agency, including holding of stocks and shares, stock options, equity, bonds, partnership interest in the capital of such undertaking, one of its subsidiaries or a company in the capital of which it has a holding or entitling to a voting right of 5% or more in such commercial entity, shall not be appointed. This is without prejudice to financial interests held through an investment fund, pension fund and/or interests in non-nominal unit trusts or similar arrangements, provided that these investments are broadly diversified, and the candidate has no influence on their financial management. e. Candidates who were within the past two years employed by (in a position of relevant importance), or held a position in a governing body or permanent scientific advisory body (whether paid or unpaid) of a commercial entity with an interest in the regulatory field of activity of the Agency or an association or other body (except a body established under public law of a Member State serving a public interest) which can be considered as an interest group with an interest in the field of chemicals management (or an active member thereof) shall not be appointed when the candidate has a potential conflict of interest of a general nature that would potentially lead to multiple exclusions of the individual from the meetings of the ECHA body, the decision making of the Agency or from rapporteurship. f. Candidates for the position of Accounting Officer or Executive Director, who are close family members15 of any of the persons currently occupying one of these same positions or of a member of the Management Board or a senior manager (Director) at ECHA, shall not be appointed. 15 Close family members are persons forming a household with the person making the declaration of interest (i.e. spouse, partner, and/or dependent children, as well as other relatives under the care of the members of the household). TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 26 of 27  Document code: PRO-0067.07 Security level: Public Effective date: 22/03/2022 Prevention and Management of potential Conflicts of Interest Candidates for the position of member of the Board of Appeal, who are close family members of the persons occupying the position of Executive Director, senior manager (Director) at ECHA or of a member of the Management Board, shall not be appointed. TEM-0129.01 Uncontrolled copy once printed. Ensure that the right version is in use. Page 27 of 27 Saatja: Esindus EL juures üldaadress </O=ESTONIAN MINISTRY OF FOREIGN AFFAIRS/OU=EVM/CN=RECIPIENTS/CN=ESINDUSELJUURESYLDAADR> Saaja: Tiiu Noobel Teema: FW: Renewal and new membership of the Member State Committee (MSC) of ECHA - Appointments by 25 May 2023 From: ECHA Committee Member States <[email protected]> Sent: Thursday, April 20, 2023 2:36 PM To: ECHA Committee Member States <[email protected]> Subject: Renewal and new membership of the Member State Committee (MSC) of ECHA - Appointments by 25 May 2023 Importance: High Dear Sir/Madam, First, I would like to thank you, as our Member State Competent Authority (MSCA) for your continued support of the work of the Members of the MSC. Your contributions are very important and invaluable to ECHA and our Regulatory processes. In accordance with the REACH provisions you are invited to (re-)appoint your Member State’s representative(s) in the Member State Committee (MSC) of the European Chemicals Agency (ECHA). This email explains the appointment and renewal process, documentation required, and provides background information on the type of expertise sought for the MSC Member. Members are to be appointed for their role and experience in performing the tasks specified in Article 77(3) of the REACH Regulation. The MSC tasks, expertise information and conflict of interest (CoI) policy are explained in the Annexes 2 and 3, respectively. Renewal of MSC Membership In order to renew the appointment of the 3-year membership period of the current MSC Member or Alternate Member whose term of office expires between 1 July and 31 December 2023 (Annex 1), please provide the following documents: • Nomination Form (Annex 5) • Declaration of Interest and Commitment <https://echa.europa.eu/documents/10162/13576/doi_commitment_form-0039.docx/edfe0ee6-3bfb-047d-b516-107449a3a04b> (Please use only the template that can be found in the link, all other versions of the document are invalid). If applicable, the reappointed MSC Member may alternatively confirm by email to the MSC Secretariat that their Declaration of Interest and Commitment published on the MSC webpage <https://echadoiextprd1.powerappsportals.com/Publdecl/mscdecl/> is still valid. • Europass CV (Annex 4) (Europass CV can also be filled in and downloaded with the Europass online tool <https://europass.cedefop.europa.eu/editors/en/cv/compose> but please ensure that it includes the same information as the annexed template) Appointment of new MSC members In order to appoint a new Member or an Alternate Member to the MSC, please provide the following documents: • Nomination Form (Annex 5) • Declaration of Interest and Commitment <https://echa.europa.eu/documents/10162/13576/doi_commitment_form-0039.docx/edfe0ee6-3bfb-047d-b516-107449a3a04b> (Please use only the template that can be found in the link, all other versions of the document are invalid) • Declaration of Confidentiality <https://echa.europa.eu/documents/10162/13576/doi_commitment_form-0108.docx/7a45303e-6b6b-e4ac-88d3-1a3a422247a9> (Please use only the template that can be found in the link, all other versions of the document are invalid) • Europass CV (Annex 4) (Europass CV can also be filled in and downloaded with the Europass online tool <https://europass.cedefop.europa.eu/editors/en/cv/compose> but please ensure that it includes the same information as the annexed template) Member States have the possibility to appoint a new Member at any point. Based on the MSC Rules of Procedure, you may also consider nominating an Alternate Member to the formally appointed MSC Member. However, ECHA will assume that the appointed (new) Member will start from the end of the term of office of the current Member, unless otherwise stated in the Nomination Form. Members are expected to dedicate at least 30% of their work time to the MSC duties for ECHA. Please note, that the (re-)appointed MSC Member should provide the filled Declaration(s) and Europass CV directly to the MSC Secretariat and they don’t need to sign their declaration(s) but by sending an email with the declaration(s) from their individual e-mail address (i.e. not from any functional mailbox or from other person’s e-mail address) at [email protected] <mailto:[email protected]> they declare that the information given is correct. As before, the reappointed MSC Member may confirm by email to MSC Secretariat that their Declaration of Interest and Commitment published on MSC webpage <https://echadoiextprd1.powerappsportals.com/Publdecl/mscdecl/> is still valid instead of providing the declaration again. The Nomination Form is to be treated differently and sent by email by the Permanent Representation to the above email address with the signature of the MSCA. Note that also an electronic signature is acceptable. ECHA will process any personal data received in accordance with Regulation (EC) 2018/1725 on the protection of individuals with regard to the processing of personal data by the EU institutions, bodies, offices and agencies. You and the (re-)appointed member are kindly invited to submit the above mentioned documents to ECHA latest by 25 May 2023. If you have any questions concerning the appointments, please contact the MSC Secretariat at [email protected] <mailto:[email protected]> . Yours faithfully, Katinka van der Jagt Chair of MSC To: Permanent Representatives of the EU member states Cc: REACH Competent Authorities of the Member States Members/Alternate Members of MSC listed in Annex 1 Annexes: • Annex 1: List of Expiring MSC memberships • Annex 2: MSC Tasks and Expertise Information • Annex 3: Policy CoI Eligibility Criteria • Annex 4: Europass CV Template (Europass CV can also be filled in and downloaded with the Europass online tool <https://europass.cedefop.europa.eu/editors/en/cv/compose> but please ensure that it includes the same information as in the annexed template) • Annex 5: MSCA Nomination Form Tiiu Noobel From: Esindus EL juures üldaadress Sent: neljapäev, 20. aprill 2023 15:22 To: Tiiu Noobel Subject: FW: Renewal and new membership of the Member State Committee (MSC) of ECHA - Appointments by 25 May 2023 Attachments: Annex_1_List_Expiring_MSC_memberships.pdf; Annex_2_MSC_Tasks and Expertise Information.pdf; Annex_3_CoI_management.pdf; Annex_4_Europass CV Template.doc; Annex_5_MSCA_Nomination_Form.doc Importance: High Follow Up Flag: Follow up Flag Status: Flagged From: ECHA Committee Member States <[email protected]> Sent: Thursday, April 20, 2023 2:36 PM To: ECHA Committee Member States <[email protected]> Subject: Renewal and new membership of the Member State Committee (MSC) of ECHA - Appointments by 25 May 2023 Importance: High Dear Sir/Madam, First, I would like to thank you, as our Member State Competent Authority (MSCA) for your continued support of the work of the Members of the MSC. Your contributions are very important and invaluable to ECHA and our Regulatory processes. In accordance with the REACH provisions you are invited to (re-)appoint your Member State’s representative(s) in the Member State Committee (MSC) of the European Chemicals Agency (ECHA). This email explains the appointment and renewal process, documentation required, and provides background information on the type of expertise sought for the MSC Member. Members are to be appointed for their role and experience in performing the tasks specified in Article 77(3) of the REACH Regulation. The MSC tasks, expertise information and conflict of interest (CoI) policy are explained in the Annexes 2 and 3, respectively. Renewal of MSC Membership In order to renew the appointment of the 3-year membership period of the current MSC Member or Alternate Member whose term of office expires between 1 July and 31 December 2023 (Annex 1), please provide the following documents: • Nomination Form (Annex 5) • Declaration of Interest and Commitment (Please use only the template that can be found in the link, all other versions of the document are invalid). If applicable, the reappointed MSC Member may alternatively confirm by email to the MSC Secretariat that their Declaration of Interest and Commitment published on the MSC webpage is still valid. • Europass CV (Annex 4) (Europass CV can also be filled in and downloaded with the Europass online tool but please ensure that it includes the same information as the annexed template) Appointment of new MSC members In order to appoint a new Member or an Alternate Member to the MSC, please provide the following documents: • Nomination Form (Annex 5) 1 • Declaration of Interest and Commitment (Please use only the template that can be found in the link, all other versions of the document are invalid) • Declaration of Confidentiality (Please use only the template that can be found in the link, all other versions of the document are invalid) • Europass CV (Annex 4) (Europass CV can also be filled in and downloaded with the Europass online tool but please ensure that it includes the same information as the annexed template) Member States have the possibility to appoint a new Member at any point. Based on the MSC Rules of Procedure, you may also consider nominating an Alternate Member to the formally appointed MSC Member. However, ECHA will assume that the appointed (new) Member will start from the end of the term of office of the current Member, unless otherwise stated in the Nomination Form. Members are expected to dedicate at least 30% of their work time to the MSC duties for ECHA. Please note, that the (re-)appointed MSC Member should provide the filled Declaration(s) and Europass CV directly to the MSC Secretariat and they don’t need to sign their declaration(s) but by sending an email with the declaration(s) from their individual e-mail address (i.e. not from any functional mailbox or from other person’s e-mail address) at [email protected] they declare that the information given is correct. As before, the reappointed MSC Member may confirm by email to MSC Secretariat that their Declaration of Interest and Commitment published on MSC webpage is still valid instead of providing the declaration again. The Nomination Form is to be treated differently and sent by email by the Permanent Representation to the above email address with the signature of the MSCA. Note that also an electronic signature is acceptable. ECHA will process any personal data received in accordance with Regulation (EC) 2018/1725 on the protection of individuals with regard to the processing of personal data by the EU institutions, bodies, offices and agencies. You and the (re-)appointed member are kindly invited to submit the above mentioned documents to ECHA latest by 25 May 2023. If you have any questions concerning the appointments, please contact the MSC Secretariat at [email protected]. Yours faithfully, Katinka van der Jagt Chair of MSC To: Permanent Representatives of the EU member states Cc: REACH Competent Authorities of the Member States Members/Alternate Members of MSC listed in Annex 1 Annexes: • Annex 1: List of Expiring MSC memberships • Annex 2: MSC Tasks and Expertise Information • Annex 3: Policy CoI Eligibility Criteria • Annex 4: Europass CV Template (Europass CV can also be filled in and downloaded with the Europass online tool but please ensure that it includes the same information as in the annexed template) • Annex 5: MSCA Nomination Form 2