22.42008 Official Journal of the European Union L 110/3 COMMISSION REGULATION (EC) No 3552008 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 ('), 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 (%) should be simplified, in particular by allowing the use of electronic means of communi- cation. (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 elec- tronic means. Moreover, the Office should be given the possibility to issue certificates for Community plant variety rights in electronic form. Publication of infor- mation regarding Community plant variety rights should also be possible by electronic means. Finally, elec- tronic 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: Atticle 1 Regulation (EC) No 1239/95 is amended as follows: (') OJ L 227, 1.9.1994, p. 1. Regulation as last amended by Regulation (EC) No 15/2008 (O] L 8, 11.1.2008, p. 2). (®» OJ L 121, 1.6.1995, p. 37. Regulation as last amended by Regu- lation (EC) No 1002/2005 (O] L 170, 1.7.2005, p. 7). 1. in Article 2, paragraph 3 is replaced by the following: ‘3. Addresses shall contain all the relevant administrative information, including the name of the State in which the party to proceedings is resident or where his seat or estab- lishment is located. Only one address should preferably be indicated for each party to proceedings; where several addresses are indicated, only the address mentioned first shall be taken into account, except where the party to proceedings designates one of the other addresses as an address for service. The President of the Office shall determine the details concerning the address including any relevant details of other data communication links.’; Article 16 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. An application for a Community plant variety right shall be filed at the Office, at the national agencies designated or the sub-offices established pursuant to Article 30(4) of the Basic Regulation. Where the application is filed at the Office it may be filed in paper format or by electronic means. Where it is filed at the national agencies or sub-offices it shall be filed in paper format in duplicate.’; (b) paragraph 3 is replaced by the following: ‘3. The Office shall make available the following forms free of charge: (@) 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. 4. The applicant shall fill in and sign the forms provided for in paragraph 3. Where the application is submitted by electronic means it shall comply with the second subparagraph of Article 57(3) as regards the signature.’;