L 360/8 Official Journal of the European Union 7.12.2004 COMMISSION REGULATION (EC) No 2082/2004 of 6 December 2004 amending Regulation (EC) No 216/96 laying down the rules of procedure of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark ('), and in particular Article 157(3) thereof, Whereas: ) Regulation (EC) No 422/2004 amended Regulation (EC) No 40/94 with regard, inter alia, to the organisation and procedures of the Boards of Appeal provided for in Articles 130 and 131. Regulation (EC) No 422/2004 introduced, inter alia, the new post of President of the Boards of Appeal, created an enlarged Board of Appeal and laid down that, under certain conditions, decisions of the Boards of Appeal may be taken by a single member. It is therefore necessary to set out in detail the powers of the President of the Boards of Appeal, the composition and powers of the Boards of Appeal, the allocation of cases to the Boards of Appeal and the composition of the enlarged Board, cases to be referred to the enlarged Board and cases to be decided by a single member. The practical operation of the Boards of Appeal has shown the need to make certain changes to their orga- nisation and procedures, including changes to the role of the Registry and certain procedural aspects. Centralisation of the Registry and revision of its powers, and rules on exchanges of submissions between parties, are designed to ensure greater efficiency in the handling of cases by the Boards of Appeal. In order not to interfere with proceedings already pending when this Regulation enters into force, a transitional period must be provided for with respect to the exchange of submissions by the parties. The measures provided for in this Regulation are in accordance with the opinion of the Committee on fees, Implementation Rules and the Procedure of the Boards of Appeal of the Office for Harmonization in the Internal Market (trade mark and designs), OJ L 11, 14.1.1994, p. 1. Regulation as last amended by Regulation (EC) No 422/2004 (O] L 70, 9.3.2004, p. 1). HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 216/96 is amended as follows: 1. Article 1 is replaced by the following: ‘Article 1 Presidium of the Boards of Appeal 1. The authority referred to in Articles 130 and 131 of the Regulation shall be the Presidium of the Boards of Appeal (referred to hereinafter as ‘the Presidium). 2. The Presidium shall comprise the President of the Boards of Appeal, who shall chair it, the chairmen of the Boards and Board members elected for each calendar year by and from among all the members of the Boards other than the President of the Boards of Appeal and the chairmen of the Boards. The number of Board members so elected shall be a quarter of the number of Board members, other than the President of the Boards of Appeal and the chairmen of the Boards, rounded up if necessary. 3. If the President of the Boards of Appeal is unable to act or if the post of President is vacant, the Presidium shall be chaired by: (a) the chairman of the Board having the longest service on the Boards of Appeal; or (b) where chairmen have the same length of service, by the eldest of those qualifying under the preceding subpar- agraph. 4. The Presidium may validly deliberate only if at least two-thirds of its members are present, including its chairman and two Board chairmen. Decisions of the Presidium shall be taken by a majority vote. In the event of a tie, the vote of the chairman shall be decisive.