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
Modified by
  • Commission Regulation (EC) No 448/96of 12 March 1996amending Regulation (EC) No 1239/95 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office, 396R0448, March 13, 1996
  • Council Regulation (EC) No 1103/97of 17 June 1997on certain provisions relating to the introduction of the euro, 397R1103, June 19, 1997
  • Commission Regulation (EC) No 2181/2002of 6 December 2002amending Regulation (EC) No 1239/95 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office, 302R2181, December 7, 2002
  • Commission Regulation (EC) No 1002/2005of 30 June 2005amending Regulation (EC) No 1239/95 as regards the grant of compulsory licences and the rules on public inspection and access to documents held by the Community Plant Variety Office, 305R1002, July 1, 2005
  • Commission Regulation (EC) No 355/2008of 21 April 2008amending 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), 308R0355, April 22, 2008
Commission Regulation (EC) No 1239/95of 31 May 1995establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office 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 rightsOJ No L 227, 1.9.1994, p. 1., and in particular Article 114 thereof,Whereas Regulation (EC) No 2100/94 (hereinafter referred to as "the Basic Regulation") creates a new Community system of plant variety rights, whereby a plant variety right is valid throughout the Community;Whereas such a system should be carried out in an effective manner as soon as possible by the Community Plant Variety Office, which is assisted by Examination Offices in conducting the technical examination of the plant varieties concerned and which may avail itself of the services of designated national agencies or one of its own sub-offices established for that purpose; whereas, in that regard, it is indispensable to define the relationship between the Office and its own sub-offices, the Examination Offices and national agencies;Whereas decisions of the Office may be appealed against before its Board of Appeal which should be established and provisions on its procedure should be adopted; whereas further Boards of Appeal may be established, if necessary, by the Administrative Council;Whereas certain provisions of Articles 23, 29, 34, 35, 36, 42, 45, 46, 49, 50, 58, 81, 85, 87, 88 and 100 of the Basic Regulation already explicitly provide that detailed rules shall or may be drawn up for their implementation; whereas other detailed rules should be drawn up for the same purpose if clarification is required;Whereas the entry into effect of a transfer of a Community plant variety right or a transfer of an entitlement thereto should be defined in the rules relating to the entries to the Registers;Whereas the Administrative Council of the Community Plant Variety Office has been consulted;Whereas the rules provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plant Variety Rights,HAS ADOPTED THIS REGULATION:
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