Council Regulation (EC) No 2100/94Dangos y teitl llawn

CHAPTER II U.K. THE ADMINISTRATIVE COUNCIL

Article 36 U.K. Creation and powers

1. An Administrative Council is hereby set up, attached to the Office. In addition to the powers assigned to the Administrative Council by other provisions of this Regulation, or by the provisions referred to in Articles 113 and 114, it shall have the powers in relation to the Office defined below:

(a) It shall advise on matters for which the Office is responsible, or issue general guidelines in this respect.

(b) It shall examine the management report of the President, and shall moreover monitor the Office's activities, on the basis of that examination and any other information obtained.

(c) It shall, on a proposal from the Office, either determine the number of Committees referred to in Article 35, the work allocation and the duration of their respective function, or issue general guidelines in this respect.

(d) It may establish rules on working methods of the Office.

(e) It may issue test guidelines pursuant to Article 56 (2).

2. Moreover the Administrative Council:

• may deliver opinions to, and require information from the Office or the Commission, where it considers that this is necessary,

• may forward to the Commission, with or without amendments, the drafts placed before it pursuant to Article 42 (2) (g), or its own draft amendments to this Regulation, to the provisions referred to in Articles 113 and 114 or to any other rules relating to Community plant variety rights,

• shall be consulted pursuant to Articles 113 (4) and 114 (2),

• shall carry out its functions relating the Office's budget pursuant to Articles 109, 111 and 112.

Article 37 U.K. Composition

1. The Administrative Council shall be composed of one representative of each Member State and one representative of the Commission and their alternates.

2. The members of the Administrative Council may, subject to the provisions of its rules of procedure, be assisted by advisers or experts.

Article 38 U.K. Chairmanship

1. The Administrative Council shall elect a Chairman and a Deputy Chairman from among its members. The Deputy Chairman shall ex officio replace the Chairman in the event of him being prevented from attending to his duties.

2. The terms of office of the Chairman or Deputy Chairman shall expire when their respective membership of the Administrative Council ceases. Without prejudice to this provision, the duration of the terms of office of the Chairman or Deputy Chairman shall be three years, unless another Chairman or Deputy Chairman have been elected before the end of this period. The terms of office shall be renewable.

Article 39 U.K. Meetings

1. Meetings of the Administrative Council shall be convened by its Chairman.

2 The President of the Office shall take part in the deliberations, unless the Administrative Council decides otherwise. He shall not have the right to vote.

3. The Administrative Council shall hold an ordinary meeting once a year; in addition, it shall meet on the initiative of its Chairman or at the request of the Commission or of one-third of the Member States.

4. It shall adopt rules of procedure, and may set up, in accordance with these rules, Committees placed under its authority.

5. The Administrative Council may invite observers to attend its meetings.

6. The secretariat for the Administrative Council shall be provided by the Office.

Article 40 U.K. Place of meetings

The Administrative Council shall meet at the seat of the Commission, or at the location of the Office or of an Examination Office. The details shall be determined in the rules of procedure.

Article 41 U.K. Voting

1. The Administrative Council shall take its decisions, other than those referred to in paragraph 2, by a simple majority of the representatives of the Member States.

2. The majority of three quarters of the representatives of the Member States shall be required for the decisions which the Administrative Council is empowered to take under Articles[F1 12 (1) (b),] 29, 36 (1) (a), (b), (d) and (e), 43, 47, 109 (3) and 112.

3. Each Member State shall have one vote.

4. The decisions of the Administrative Council shall have no binding force within the meaning of Article 189 of the Treaty.

Textual Amendments

F1 Deleted by Council Regulation (EC) No 15/2008 of 20 December 2007 amending Regulation (EC) No 2100/94 as regards the entitlement to file an application for a Community plant variety right.