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Document 32008R0572

    Commission Regulation (EC) No 572/2008 of 19 June 2008 amending Regulation (EC) No 1238/95 as regards the level of the annual fee and the fees relating to technical examination, payable to the Community Plant Variety Office, and the manner of payment

    OJ L 161, 20.6.2008, p. 7–10 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    ⏵This document has been published in a special edition(s) (HR)

    Legal status of the document In force

    ELI: http://data.europa.eu/eli/reg/2008/572/oj

    20.6.2008   

    EN

    Official Journal of the European Union

    L 161/7

    COMMISSION REGULATION (EC) No 572/2008

    of 19 June 2008

    amending Regulation (EC) No 1238/95 as regards the level of the annual fee and the fees relating to technical examination, payable to the Community Plant Variety Office, and the manner of payment

    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 (1), and in particular Article 113 thereof,

    After consulting the Administrative Council of the Community Plant Variety Office,

    Whereas:

    (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 (2), sets out the fees payable to the Community Plant Variety Office (‘the Office’), and the levels of those fees.

    (2)

    The financial reserve of the Office had reached a level which exceeded the level necessary to safeguard the continuity of its operations. For this reason the annual fee and the fees relating to technical examination were reduced. The financial reserve of the Office has now decreased to an appropriate level and the revenue should therefore be raised again to a level which is sufficient for the budget of the Office to be balanced. To achieve this, the annual fee and the fees relating to technical examination should be increased.

    (3)

    As regards new species, the experience gathered with the fee groups for the technical examination of ornamentals, has shown that there is a need to amend some of those fee groups.

    (4)

    To facilitate the payment of fees and charges, payment by payment cards should be allowed subject to conditions and limitations to be determined by the President of the Office.

    (5)

    At the same time the terms ‘ecus’ and ‘ECU’ should be respectively replaced by the terms ‘euros’ and ‘EUR’ throughout Regulation (EC) No 1238/95.

    (6)

    Regulation (EC) No 1238/95 should therefore be amended accordingly.

    (7)

    The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Community Plant Variety Rights,

    HAS ADOPTED THIS REGULATION:

    Article 1

    Regulation (EC) No 1238/95 is amended as follows:

    1.

    in Article 1(2), the word ‘ecus’ is replaced by ‘euros’;

    2.

    in Article 3(2), points (a), (b) and (c) are replaced by the following:

    ‘(a)

    delivery or remittance of certified cheques which are made payable in euros to the Office;

    (b)

    transfer in euros to a giro account held by the Office;

    (c)

    payment into a charge account held in euros with the Office; or

    (d)

    payment by payment card.’

    3.

    in Article 7(1), Article 8(1), Article 10(1), points (a), (c) and (d), Article 11(1), Article 13(3) and Article 14(2) and (4), the word ‘ECU’ is replaced by ‘EUR’;

    4.

    Article 9(1) is replaced by the following:

    ‘1.   The Office shall charge a holder of a Community plant variety right (hereinafter referred to as the holder) a fee for each year of the duration of a Community plant variety right (hereinafter referred to as annual fee) of EUR 300 for the year 2009 and the following years.’

    5.

    Annex I to Regulation (EC) No 1238/95 is replaced by the text in the Annex to this Regulation.

    Article 2

    This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

    It shall apply from 1 January 2009.

    This Regulation shall be binding in its entirety and directly applicable in all Member States.

    Done at Brussels, 19 June 2008.

    For the Commission

    Androulla VASSILIOU

    Member of the Commission

    (1)   OJ L 227, 1.9.1994, p. 1. Regulation as last amended by Regulation (EC) No 15/2008 (OJ L 8, 11.1.2008, p. 2).

    (2)   OJ L 121, 1.6.1995, p. 31. Regulation as last amended by Regulation (EC) No 2039/2005 (OJ L 328, 15.12.2005, p. 33).

    ANNEX

    Annex I is replaced by the following:

    ‘ANNEX I

    Fees relating to technical examinations as referred to in Article 8

    The fee to be paid for the technical examination of a variety pursuant to Article 8 shall be determined in accordance with the table:

    (in EUR)

    Cost group

    Fee

    Agricultural group

    1

    Regular crops

    1 200

    2

    Vegetatively propagated crops

    1 700

    3

    Oil crops

    1 340

    4

    Grasses

    1 970

    5

    Beet crops

    1 300

    6

    Fibre crops

    1 160

    7

    Crops with special test arrangements

    1 340

    8

    Other agricultural crops

    1 340

    Ornamental group

    9

    Species with living reference collection, greenhouse test, long cultivation

    1 700

    9A

    Species with living reference collection, greenhouse test, long cultivation and special phytosanitary conditions

    2 140

    10

    Species with living reference collection, greenhouse test, short cultivation

    1 610

    11

    Species with living reference collection, outdoor test, long cultivation

    1 430

    12

    Species with living reference collection, outdoor test, short cultivation

    1 300

    13

    Species without living reference collection, greenhouse test, long cultivation

    1 430

    13A

    Species without living reference collection, greenhouse test, long cultivation with a further propagation step

    2 140

    14

    Species without living reference collection, greenhouse test, short cultivation

    1 160

    15

    Species without living reference collection, outdoor test, long cultivation

    1 250

    16

    Species without living reference collection, outdoor test, short cultivation

    1 340

    17A

    Ornamentals, seed propagated varieties, outdoor test

    1 450

    18A

    Ornamentals, seed propagated varieties, greenhouse test

    2 000

    17, 18 and 19

    Deleted

     

    Vegetable group

    20

    Seed-propagated species, outdoor test

    1 430

    21

    Seed-propagated species, greenhouse test

    1 790

    22

    Vegetatively propagated species, outdoor test

    1 970

    23

    Vegetatively propagated species, greenhouse test

    1 610

    Fruit group

    24

    Trees

    1 790

    24A

    Tree species with a large permanent living reference collection

    2 500

    25

    Shrubs

    1 790

    26

    Vine habit

    1 790

    27

    Runners

    1 970 ’
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