22.4.2008 EN Official Journal of the European Union L 110/3
COMMISSION REGULATION (EC) No 355/2008
of 21 April 2008
amending Regulation (EC) No 1239/95 as regards the use of electronic means of communication in proceedings before the Community Plant Variety Office
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (1), and in particular Article 114 thereof,
After consulting the Administrative Council of the Community Plant Variety Office,
Whereas:
(1) The rules provided for in Commission Regulation (EC) No 1239/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office (2) should be simplified, in particular by allowing the use of electronic means of communication.
(2) It is appropriate to simplify, on the one hand, the filing of applications, objections or appeals and, on the other, the service of documents by the Community Plant Variety Office (the Office) by permitting the use of electronic means. Moreover, the Office should be given the possibility to issue certificates for Community plant variety rights in electronic form. Publication of information regarding Community plant variety rights should also be possible by electronic means. Finally, electronic storage of files relating to proceedings should be allowed to improve efficiency.
(3) The President of the Office should be empowered to determine all necessary details with respect to the use of electronic means of communication or storage.
(4) Regulation (EC) No 1239/95 should therefore be amended accordingly.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Community Plant Variety Rights,
Regulation (EC) No 1239/95 is amended as follows:
1. in Article 2, paragraph 3 is replaced by the following:
2. Article 16 is amended as follows:
(a) paragraph 1 is replaced by the following:
(b) paragraph 3 is replaced by the following:
(a) an application form and a technical questionnaire, for the purposes of filing an application for a Community plant variety right;
(b) a form for forwarding the information referred to in paragraph 2, indicating the consequences of any failure of the forwarding.
3. Article 28 is replaced by the following:
4. in Article 36, the last sentence of paragraph 1 is deleted and the following paragraph 4 is added:
5. in Article 52, paragraph 1 is replaced by the following:
6. in paragraph 2 of Article 53, the second sentence is replaced by the following:
7. in Article 54(3), the word ‘duplicate’ is replaced by ‘copy’;
8. Articles 57 and 58 are replaced by the following:
9. Article 64 is replaced by the following:
(a) by post in accordance with Article 65;
(b) by delivery by hand in accordance with Article 66;
(c) by public notice in accordance with Article 67; or
(d) by electronic means or any other technical means in accordance with the second subparagraph of this paragraph.
10. in Article 65, paragraph 1 is deleted;
11. in Article 67, ‘Article 65(1)’ is replaced by ‘Article 64(4)’;
12. in Article 71, paragraph 2 is replaced by the following:
13. in Article 78(3), the following subparagraph is added:
14. in Article 79, paragraph 1 is replaced by the following:
15. Article 83 is replaced by the following:
16. in Article 87 the following paragraph 3 is added:
17. Article 91 is amended as follows:
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.