1.7.2005 Official Journal of the European Union L 170/7 COMMISSION REGULATION (EC) No 1002/2005 of 30 June 2005 amending Regulation (EC) No 1239/95 as regards the grant of compulsory licences and the rules on public inspection and access to documents held by the Community Plant Variety Office 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, Whereas: (1)  Article 29 of Regulation (EC) No 2100/94 has been amended in order to include a reference to compulsory licences provided for in Article 12 of Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions () and to replace the term ‘compulsory exploitation right' by ‘compulsory licence’. (2)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (), which lays down the general principles and limits governing the right of access to documents provided for in Article 255 of the Treaty, has been made applicable to documents held by the Community Plant Variety Office by way of insertion of a new Article 33a in Regulation (EC) No 2100/94. (3) It is therefore appropriate to amend Commission Regu- lation (EC) No 1239/95 of 31 May 1995 establishing implementing rules for the application of Council Regu- lation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office (*) accordingly. (4)  The Administrative Council of the Community Plant Variety office has been consulted. (5)  The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Community Plant Variety Rights, () OJ L 227, 1.9.1994, p. 1. Regulation as last amended by Regulation (EQ) No 873/2004 (O] L 162, 30.4.2004, p. 38). () O] L 213, 30.7.1998, p. 13. () O] L 145, 31.5.2001, p. 43. () OJ L 121, 1.6.1995, p. 37. Regulation as last amended by Regu- lation (EC) No 2181/2002 (O] L 331, 7.12.2002, p. 14). HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 1239/95 is amended as follows: 1. Chapter IV of Title II is replaced by the following: ‘CHAPTER IV COMMUNITY LICENCES TO BE GRANTED BY THE OFFICE Section 1 Compulsory licences pursuant to Article 29 of the Basic Regulation Attidle 37 Applications for a compulsory licence 1. The application for a compulsory licence pursuant to Article 29(1), (2) and (5) of the basic Regulation shall contain: (a) the designation of the applicant and the opposing holder of the variety concerned as parties to proceedings; (b) the variety denomination and the plant species of the variety or varieties concerned; (c) a proposal for the type of acts to be covered by the compulsory licence; (d) a statement setting out the public interest concerned, including details of facts, items of evidence and arguments presented in support of the public interest claimed; (e) in the case of an application referred to in Article 29(2) of the basic Regulation, a proposal for the category of persons to which the compulsory licence shall be granted, including, as the case may be, the specific requirements related to that category of persons. (f) a proposal for an equitable remuneration and the basis for calculating the remuneration.