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Document 01995R1238-20230701
Commission Regulation (EC) No 1238/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards the fees payable to the Community Plant Variety Office
Consolidated text: Commission Regulation (EC) No 1238/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards the fees payable to the Community Plant Variety Office
Commission Regulation (EC) No 1238/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards the fees payable to the Community Plant Variety Office
01995R1238 — EN — 01.07.2023 — 012.001
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COMMISSION REGULATION (EC) No 1238/95 of 31 May 1995 (OJ L 121 1.6.1995, p. 31) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 37 |
19 |
12.2.2000 |
||
L 82 |
13 |
29.3.2003 |
||
L 189 |
26 |
21.7.2005 |
||
L 328 |
33 |
15.12.2005 |
||
L 161 |
7 |
20.6.2008 |
||
COMMISSION IMPLEMENTING REGULATION (EU) No 510/2012 of 15 June 2012 |
L 156 |
38 |
16.6.2012 |
|
COMMISSION IMPLEMENTING REGULATION (EU) No 623/2013 of 27 June 2013 |
L 177 |
20 |
28.6.2013 |
|
COMMISSION IMPLEMENTING REGULATION (EU) No 1294/2014 of 4 December 2014 |
L 349 |
30 |
5.12.2014 |
|
COMMISSION IMPLEMENTING REGULATION (EU) 2015/2206 of 30 November 2015 |
L 314 |
22 |
1.12.2015 |
|
COMMISSION IMPLEMENTING REGULATION (EU) 2016/2141 of 6 December 2016 |
L 332 |
13 |
7.12.2016 |
|
COMMISSION IMPLEMENTING REGULATION (EU) 2019/1978 of 26 November 2019 |
L 308 |
58 |
29.11.2019 |
|
COMMISSION IMPLEMENTING REGULATION (EU) 2023/1104 of 6 June 2023 |
L 147 |
65 |
7.6.2023 |
NB: This consolidated version contains references to the European unit of accout and/or the ecu, which from 1 January 1999 should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) and Coundil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1). |
COMMISSION REGULATION (EC) No 1238/95
of 31 May 1995
establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards the fees payable to the Community Plant Variety Office
Article 1
Scope
Article 2
General provisions
Article 3
Manner of payment
Article 4
Date to be regarded as the date on which payment is received
▼M2 —————
Article 5
Name of the person making the payment and the purpose of payment
Article 6
Underpayment
A time-limit for payment of fees or surcharges shall, in principle, be deemed to have been observed only if the full amount of the fee or surcharge has been paid in due time. If the fees or surcharges are not paid in full, the amount which has been paid shall be refunded after any time-limit for payment has expired. The Office may, however, where this is considered justified, overlook any small deficiencies, without prejudicing the rights of the person making the payment.
Article 7
Application fee
The applicant shall accept the Terms and Conditions of use of the secure electronic communications platform maintained by the Office and shall use that platform for submitting applications referred to in the first subparagraph and other documents, receiving notifications and documents sent by the Office, replying to such notifications and performing other actions.
The applicant shall pay a fee of EUR 800 for the processing of an application submitted by means other than through the Office’s online application system.
Article 8
Fees relating to technical examination
The amount of that fee shall be determined by the President of the Office after consultation of the Administrative Council and shall be published in the Official Gazette of the Office.
Article 9
Annual fee
Payment of the annual fee shall be due:
in relation to the first year of the term of the Community plant variety right, within 60 days of date of the grant of the right; and
in relation to subsequent years of the term of the Community plant variety right, on the first day of the calendar month preceding the month in which the anniversary of the date grant falls.
Article 10
Fees for processing specific requests
Fees for the processing of a request, payable by the person making such request, shall be as follows:
for an application for a compulsory exploitation right, including any entries in the Registers, an application for an exploitation right to be granted by the Office pursuant to Article 100 (2) of the Basic Regulation, or a request to amend such exploitation rights, once granted, (compulsory licence fee), save for the Commission or a Member State in the circumstances referred to in Article 29 (2) thereof: ►M5 EUR ◄ 1 500 ;
for a request for the following entries into the Register of Community plant variety rights (register fee):
for a request for any entry in the Register of Applications for Community plant variety rights or the Register of Community plant variety rights, other than those referred to in (a) and (b) above: ►M5 EUR ◄ 100;
for a request for determining amount of costs pursuant to Article 85 (5) of the Regulation: ►M5 EUR ◄ 100.
Article 11
Appeal fee
Article 12
Fees laid down by the President of the Office
The President of the Office shall fix the fees for the following matters:
the administrative fee referred to in Article 8(5);
fees for issuing certified copies of documents;
the administrative fee referred to in Article 82(2) of the Proceedings Regulation;
the administrative fee concerning the declaration of Community plant variety right null and void, as referred to in Article 20 of the Basic Regulation;
the administrative fee concerning a written objection to granting a Community plant variety right, as referred to in Article 59 of the Basic Regulation.
▼M9 —————
Article 14
Derogations
▼M9 —————
Article 15
Entry into force
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Fees relating to technical examination as referred to in Article 8
The fee to be paid for the technical examination of a variety shall be determined in accordance with the table:
(in EUR) |
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Cost group |
Fee |
Agricultural group |
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1 |
Potato |
2 580 |
2 |
Grasses |
3 650 |
3 |
Other agricultural species |
1 980 |
Fruit group |
||
4 |
Apple |
4 130 |
5 |
Other fruit species |
4 130 |
Ornamental group |
||
6 |
Ornamental living greenhouse |
2 390 |
7 |
Ornamental living outdoor |
3 070 |
8 |
Ornamental non-living greenhouse |
2 760 |
9 |
Ornamental non-living outdoor |
2 890 |
10 |
Ornamental special |
3 550 |
Vegetable group |
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11 |
Vegetable greenhouse |
3 570 |
12 |
Vegetable outdoor |
3 280 |
▼M2 —————