Article 46

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1. The Presidium of the Boards of Appeal shall have the following duties:

(a) decide on the constitution of Boards of Appeal;

(b) determine the objective criteria for the allocation of appeal cases to the Boards of Appeal and rule on any conflict as regards the application thereof;

(c) upon proposal of the President of the Boards of Appeal, establish the Boards of Appeal's expenditure requirements with a view to drawing up the Office's expenditure estimates;

(d) lay down its internal rules;

(e) lay down rules for the processing of excluding and objecting to members pursuant to Article 169 of Regulation (EU) 2017/1001;

(f) lay down the working instructions for the Registry;

(g) take any other measure for the purpose of exercising its functions of laying down the rules and of organising the work of the Boards of Appeal pursuant to Article 165(3)(a) and Article 166(4)(a) of Regulation (EU) 2017/1001.

 

2. The Presidium may validly deliberate only if at least two thirds of its members, including the chairperson of the Presidium and half of the chairpersons of the Boards of Appeal, rounded up if necessary, are present. Decisions of the Presidium shall be taken by a majority vote. In the event of a tie, the vote of the chairperson shall be decisive.

 

3. The decisions adopted by the Presidium pursuant to Article 43(1), to Article 45(1), and to paragraph 1(a) and (b) of this Article shall be published in the Official Journal of the Office.