Handling of documents that are not issued by the competent authority of the home Member State
Article 12
1. By derogation from Article 10(3) of this Regulation, if the applicant fails to provide any document referred to in points 2(c) and (d) of Part A or point (d) of Part B of Annex II to this Regulation with the EPC application, the competent authority of the home Member State shall not consider those documents as missing documents pursuant to Articles 4b(3) and 4d(1) of Directive 2005/36/EC. 2. The competent authority of the host Member State may ask for the submission of the documents referred to in paragraph 1 of this Article directly from the applicant or from the home Member State pursuant to Article 4d(3) of Directive 2005/36/EC. 3. If the applicant fails to provide documents following request of host Member State referred to in paragraph 2, the competent authority of the host Member State shall take the decision on the issuance of the EPC based on the information available.