EPO
EUROPEAN COMMUNITY AND EUROPEAN PATENT OFFICE
CPC - CONVENTION FOR THE EUROPEAN PATENT FOR THE COMMON MARKET
EU-CVN
2/9

CHAPTER III

THE SELECT COMMITTEE

OF THE ADMINISTRATIVE COUNCIL

Article 11

Membership

1.       The Select Committee of the Administrative Council shall be composed of the Representatives of the Contracting States, the Representative of the Commission of the European Communities and their alternate Representatives. Each Contracting State and the Commission shall be entitled to appoint one Representative and one alternate Representative to the Select Committee. The same members shall represent the Contracting States on the Administrative Council and on the Select Committee.

2.       The members of the Select Committee may, subject to the provisions of its Rules of Procedure, be assisted by advisers or experts.

Article 12

Chairmanship

1.       The Select Committee of the Administrative Council shall elect a Chairman and a Deputy Chairman from among the Representatives and alternate Representatives of the Contracting States. The Deputy Chairman shall ex officio replace the Chairman in the event of his being prevented from attending to his duties.

2.       The duration of the terms of office of the Chairman and the Deputy Chairman shall be three years. The terms of office shall be renewable.

Article 13

Board

1.       The Select Committee of the Administrative Council may set up a Board composed of five of its members.

2.       The chairman and the deputy chairman of the Select Committee shall be members of the board ex officio; the other three members shall be elected by the Select Committee.

3.       The term of office of the members elected by the Select Committee shall be three years. This term of office shall be three years. This term of office shall not be renewable.

4.       The board shall perform the duties given to it by the Select Committee in accordance with the Rules of Procedure.

Article 14

Meetings

1.       Meetings of the Select Committee of the Administrative Council shall be convened by its chairman.

2.       The President of the European Patent Office shall take part in the deliberations of the Select Committee.

3.       The Select Committee shall hold an ordinary meeting once each year. In addition, it shall meet on the initiative of its chairman or at the request of one-third of the Contracting States.

4.       The deliberations of the Select Committee shall be based on an agenda, and shall be held in accordance with its Rules of Procedure.

5.       The provisional agenda shall contain any question whose inclusion is requested by any Contracting State in accordance with the Rules of Procedure.

Article 15

Languages of the Select Committee

1.       The languages in use in the deliberations of the Select Committee of the Administrative Council shall be English, French and German.

2.       Documents submitted to the Select Committee, and the minutes of its deliberations, shall be drawn up in the three languages mentioned in paragraph 1.

Article 16

Competence of the Select Committee in certain cases

1.       The Select Committee of the Administrative Council shall be competent to amend the following provisions of this Convention:

(a)

the time limits laid down in the Convention which are to be observed vis-ΰ-vis the European Patent Office;

(b)

the Implementing Regulations.

2.       The Select Committee shall be competent, in conformity with this Convention, to adopt or amend the following provisions:

(a)

the Financial Regulations;

(b)

the Rules relating to Fees;

(c)

its Rules of Procedure.

Article 17

Voting rights

1.       The right to vote in the Select Committee of the Administrative Council shall be restricted to the Contracting States.

2.       Each Contracting State shall have one vote, subject to the application of the provisions of Article 19.

Article 18

Voting rules

1.       The Select Committee of the Administrative Council shall take its decisions other than those referred to in paragraph 2 by a simple majority of the Contracting States represented and voting.

2.       A majority of three-quarters of the votes of the Contracting States represented and voting shall be required for the decisions which the Select Committee is empowered to take under Article 16 and Article 21 (a).

3.       Abstentions shall not be considered as votes.

Article 19

Weighting of votes

In respect of the adoption or amendment of the rules relating to fees and, if the financial contribution to be made by the Contracting States would thereby be increased, the approval referred to in Article 21 (a), voting shall be conducted according to Article 36 of the European Patent Convention. The term 'Contracting States' in that Article shall be understood as meaning the States parties to this Convention.


<< >>
1 2 9