Pages 31-34

Instructions to invigilators¹

Having regard to Article 9(4) of the Regulation on the European qualifying examination for professional representatives (REE) as worded in the text dated 9 December 1993 (OJ EPO 1994, 7), the Examination Secretariat has amended its instructions (OJ EPO 1995, 153, and 2001, 120) which entered into force on 1 February 2002, to read as follows (OJ EPO 2002, 116 - 117):

1. Appointment of invigilators

The Examination Secretariat appoints for each examination and each centre an invigilator in charge of conducting the examination at the centre in question. These invigilators should be appointed from among the members of the Examination Board or an examination committee. The Secretariat can nominate other invigilators to assist with the invigilation. These other invigilators may be changed during the examination.

2. Duties of invigilators

Invigilators must ensure that the European qualifying examination is conducted at the centre in question in accordance with the REE, the present instructions and the following instructions to candidates:

(a) Instructions concerning the conduct of the examination (OJ EPO 1995, 145);

(b) Instructions to candidates for preparing their answers (OJ EPO 1998, 119).

3. Examination Secretariat

The invigilator in charge should address any questions to the Examination Secretariat in Munich, Tel. (+49-89) 2399-5155, Fax (+49-89) 2399-5140.

4. Transmission of examination documents

(a) If the examination papers have not yet arrived at the centre on the eighth day before the examination is due to begin, the invigilator in charge shall inform the Examination Secretariat accordingly by telephone, telex or telefax on the seventh day before the examination is due to begin.

(b) The examination centre shall make three copies of the candidates' answers.

(c) One copy of the candidates' answers shall be kept at the examination centre until the Secretariat informs the invigilator in charge that all the originals have arrived.

(d) The originals of the candidates' answers and two copies shall be sent to the Secretariat using the mode of transmission which is safest and one which is as rapid as possible, preferably by messenger.

(e) The invigilator in charge should decide, by agreement with the Secretariat, whether and how surplus examination papers are to be sent to the Secretariat.

5. Errors in examination papers

(a) If it has been agreed with the Examination Secretariat that an error discovered in an examination paper before the examination begins should be drawn to the attention of candidates, this must be done after the examination papers have been distributed.

(b) In the event of an error being discovered in an examination paper after the starting bell has rung, it shall normally not be drawn to the candidates' attention (last sentence in point 2 of the instructions referred to in point 2(a) above). If the invigilator in charge considers the error to be a serious one, however, the Secretariat shall be informed by telephone. Attention shall be drawn to the error only after the Secretariat has informed the invigilator in charge that it has secured the agreement of five members of the Examination Board. The Secretariat shall also establish whether extra time is to be allowed for drawing attention to the error and, if so, how much.

6. Conduct of the examination

(a) The invigilator in charge shall remind the candidates of points 2 and 5–7 of the instructions referred to in point 2(a) above before the starting bell rings. The following applies to point 6.7:

▪ the invigilator in charge should ensure that no candidate talks to anyone inside or outside the hall between the starting and closing bells. This also applies to telephone conversations. However, candidates may at any time leave the hall for the remainder of the paper provided they have handed in the question paper and their answer paper (in the last half hour of the paper they need not hand in the question paper);

(b) Candidates who arrive after the starting bell has rung may not make up the lost time after the closing bell has rung unless, in exceptional cases, the invigilator in charge decides otherwise.

(c) Candidates are not permitted to take any copies of their answers from the hall.

(d) The examination shall not be interrupted to enable beverages to be served. Candidates who eat food they have brought with them must not disturb the other candidates by doing so.

7. Complaints

The invigilator in charge shall see to it that the candidates can submit complaints in the examination hall for half an hour after the closing bell has rung on the last day of the examination (point 7 of the instructions referred to in point 2(a) above).

8. Report2

The invigilator in charge shall draw up and sign a report containing in particular:

• the names of the candidates present
• the times of the starting and closing bells
• any complaints or anything out of the ordinary occurring between the starting and closing bells and
• all relevant information relating to answer papers handed in late.

Moreover, the invigilator shall collect all evidence available to establish any cheat or attempt to cheat arising during the examination.

9. Entry into force

These instructions shall enter into force on 1 February 2001.