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)
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)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 L 227, 1.9.1994, p. 1. Regulation as last amended by Regulation (EC) No 15/2008 (OJ L 8, 11.1.2008, p. 2)., 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 OfficeOJ L 121, 1.6.1995, p. 37. Regulation as last amended by Regulation (EC) No 1002/2005 (OJ L 170, 1.7.2005, p. 7). 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,HAS ADOPTED THIS REGULATION: