(37)In Article 81, paragraphs 2 and 3 are replaced by the following:‘2.Paragraph 1 shall apply mutatis mutandis to the institution of actions in respect of claims referred to in Articles 98 and 99 of the basic Regulation, and the final decision not subject to any appeal in, or of any other termination of, any such action.3.Where varieties are identified as initial or essentially derived, respectively, a request for entry by all the parties to the proceedings may be made jointly or separately. A request from only one party to the proceedings shall be accompanied by documentary evidence of the elements referred to in Article 87(2)(h) of the basic Regulation to replace the request of the other party. Such documentary evidence shall include the identification of the varieties concerned as initial and essentially derived, and the non-contentious acknowledgement by the other party or the final judgement.’