IP/N/1/EU/P/6  
 
15 April 2013  
(13-1988)  Page: 1/8  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
EUROPEAN UNION 
This document reproduces the text1 of Commission Regulation (EC) No 1238/95 of 31 May 1995 
establishing implementing rules for the applic ation of Council Regulation (EC) No 2100/94 as 
regards the fees payable to the Community Plant Va riety Office, as notified by the European Union 
on 20 March 2013 under Article 63.2 of the Agreement (see document IP/N/1/EU/1). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
UNION EUROPÉENNE  
Le présent document contient le texte1 du Règlement (CE) n° 1238/95 de la Commission du 
31 mai 1995 établissant les règles d'exécution du Règlement (CE) n° 2100/94 du Conseil en ce qui 
concerne les taxes dues à l'Office communautaire des variétés végétales, notifié par l'Union européenne le 20 mars 2013 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/EU/1). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
UNIÓN EUROPEA  
En el presente documento se reproduce el texto1 del Reglamento (CE) N° 1238/95 de la Comisión, 
de 31 de mayo de 1995, por el que se establecen las disposiciones de aplicación del Reglamento 
(CE) N° 2100/94 del Consejo en lo que respecta a las tasas que deben pagarse a la 
oficina comunitaria de variedades vegetales, notificado por la Unión Europea el 20 de marzo de 2013 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el 
documento IP/N/1/EU/1).  
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/EU/P/6 
 
- 2 - 
 
  PP 3-8 - Offset (Pdf file attached) 
PP 3 à 8 - Offset (fichier Pdf joint) PP 3-8 - Offset (fichero Pdf adjunto) 1. 6. 95 Official Journal of the European Communities No L 121/31 
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 
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 (the 
Basic Regulation) (I), and in particular Article 113 thereof, 
Whereas Regulation (EC) No 2100/94 is to be imple­
mented by the Community Plant Variety Office (the 
Office) ; whereas the revenue of the Office should in prin­
ciple be sufficient to balance the budget of the Office; 
whereas such revenues should be afforded by the fees to 
be paid for the official acts set out in the Basic Regulation 
and in Commission Regulation (EC) No 1239/95 of 31 
May 1995 establishing implementing rules for the appli­
cation of Council Regulation (EC) No 2100/94 as regards 
proceedings before the Community Plant Variety 
Office (l) (the Proceedings Regulation) as well as by 
annual fees payable for the duration of a Community 
plant variety right; 
Whereas a subsidy from the general budget of the Euro­
pean Communities may cover the expenditure on the 
initial running phase of the Office for the transitional 
period defined in Article 113 (3) (b) of the Regulation; 
whereas an extension of that period by one year is 
possible by virtue of the same provision; 
Whereas such extension of the transitional period should 
be considered if sufficient experience has not been gained 
for setting reasonable levels of fees ensuring the principle 
of self-financing whilst safeguarding the attractiveness of 
the Community system of plant variety protection; 
whereas such experience could only be gained by obser­
ving the number of applications for a Community plant 
variety right, the costs paid to the Examination Offices 
and the actual duration of Community plant variety rights 
granted; 
Whereas the level of the fees should be based on the 
principles of sound financial management within the 
Office, and in particular economy and cost-effectiveness; 
(1) OJ No L 227, 1. 9. 1994, p. 1. 
(l) See page 37 of this Official J oumal. Whereas, in the interests of a simplified handling by the 
staff of the Office, the fees should be not only laid down, 
but also charged and paid in the same currency unit as is 
used for the budget of the Office; 
Whereas the application fee should be a uniform fee 
covering only the processing of an application for a 
Community plant variety right made in respect of any 
given plant species; 
Whereas the time limit for the payment of the applica­
tion fee under Article 51 of the Basic Regulation should 
be considered as the period between the acts necessary for 
making the payment and the actual receipt of such 
payment by the Office, in particular in the need for a 
rapid recovery of costs already incurred by the Office on 
the one hand and for the facilitating of an effective filing 
of applications in the light of possibly long distances 
between applicant and Office, on the other; 
Whereas the total of the examination fees which are 
charged for a technical examination should, in principle, 
balance the total fees to be paid by the Office to all 
Examination Offices; whereas costs for the maintenance 
of the reference collection should not necessarily be 
covered entirely by the examination fees charged; 
whereas the level of examination fee should vary between 
three groups of plant species in the light of experience 
available from existing national arrangements for plant 
variety protection; 
Whereas the annual fees for the duration of a Community 
plant variety right should constitute an extra source of 
revenue for the Office, but should, inter alia, cover costs 
relating to the technical verification of varieties after the 
grant of a Community plant variety right and, in conse­
quence, should follow the grouping established for the 
examination fees; 
Whereas the appeal fee should be uniform in order to 
cover the main cost components relating to appeal 
proceedings, with the expection of costs relating to a 
technical examination pursuant to Articles 55 and 56 of 
the Basic Regulation or to any taking of evidence; 
whereas two different dates for payment of the application 
free should serve as an incentive to appellants to recon­
sider their appeal in the light of the decisions taken by 
the Office pursuant to Article 70 (2) of the Basic Regula­
tion; 
IP/N/1/EU/P/6 
        - 3 -No L 121/32 Official Journal of the European Communities 1. 6. 95 
Whereas other fees in respect of specific requests shall in 
principle cover costs incurred in their processing by the 
Office, including the taking of decisions on such 
requests; 
Whereas to ensure flexibility in the management of costs, 
the President of the Office should be empowered to lay 
down the fees payable for examination reports which 
already exist at the date of application and are not 
available to the Office, and for specific services rendered; 
Whereas surcharges may be levied in order to reduce 
unnecessary costs to the Office arising from a lack of 
cooperation on the part of particular applicants for, or 
holders of, Community plant variety rights; 
Whereas in the light of Article 117 of the Basic Regula­
tion, this Regulation should enter into force as soon as 
possible; 
Whereas the Administrative Council of the Office has 
been consulted; 
Whereas the provisions provided for in this Regulation 
are in accordance with the opinion of the Standing 
Committee on Plant Variety Rights, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Scope 
1. Fees due to the Office, as provided for in the Basic 
Regulation and the Proceedings Regulation, shall be 
charged in accordance with this Regulation. 
2. The fees due to the Office shall be laid down, 
charged and paid in ecus. 
3. Paragraphs 1 and 2 shall apply mutatis mutandis to 
any surcharge, due to the Office. 
4. Details of the fees which may be charged by autho­
rities of Member States by virtue of provisions of the Basic 
Regulation or this Regulation shall be governed by the 
relevant national rules of the Member States concerned. 
5. Where the President of the Office is empowered to 
take a decision as to the amount of fees and the way in 
which they are to be paid, such decisions shall be 
published in the Official Gazette of the Office. 
Article 2 
General provisions 
1. For each individual matter, a party to proceedings 
as specified in the Proceedings Regulation shall be liable 
to pay fees or surcharges. In the case of several parties to 
proceedings acting in common or on whose behalf a common course of action is pursued, each shall be liable 
to such payment as joint debtor. 
2. Unless otherwise provided in this Regulation, the 
provisions relating to proceedings before the Office, 
including provisions as to languages, as laid down in the 
Basic Regulation and the Proceedings Regulation, shall 
apply. 
Article 3 
Manner of payment 
1. Fees and surcharges due to the Office shall be paid 
by transfer to a bank account held by the Office. 
2. The President of the Office may allow the following 
alternative forms of payment in accordance with rules on 
working methods which shall be established pursuant to 
Article 36 (1) (d) of the Basic Regulation: 
(a) delivery or remittance of certified cheques which are 
made payable in ecus to the Office; 
(b) transfer in ecus to a giro account held by the Office; 
or 
(c) payment into a charge account held in ecus with the 
Office. 
Article 4 
Date to be regarded as the date on which payment 
is received 
1. The date on which a payment of fees and surcharges 
shall be considered to have been received by the Office 
shall be the date on which the amount of the transfer 
referred to in Article 3 (1) is entered in a bank account 
held by the Office. 
2. Where the President of the Office allows other 
forms of payment in accordance with Article 3 (2), he 
shall simultaneously include in the conditions the date to 
be regarded as the date on which the payment is received. 
3. Where the payment is considered not to have been 
received by the Office within the requisite time limit, 
such time limit shall be considered to have been observed 
vis-a-vis the Office if sufficient documentary evidence is 
produced within that time-limit to show that the person 
who made the payment took necessary steps. 
4. It shall be considered to be 'necessary' within the 
meaning of paragraph 3 if the person making the 
payment duly gave an order to a banking establishment or 
a post office to transfer the amount of the payment in 
ecus to a bank account held by the Office. 
5. Documentary evidence shall be regarded as 'suffi­
cient' within the meaning of paragraph 3 if an acknow­
ledgement of provision of the transfer order, issued by a 
banking establishment or a post office, is produced. 
IP/N/1/EU/P/6 
        - 4 -1. 6. 95 Official Journal of the European Communities No L 121/33 
Article 5 
Name of the person making the payment and the 
purpose of payment 
1. A person making a payment of fees or surcharges 
shall indicate in writing his name and the purpose of 
such payment. 
2. If the Office cannot establish the purpose of a 
payment, it shall require the person having made the 
payment to inform it thereof in writing within two 
months. If the purpose is not indicated within that 
period, the payment shall be deemed not to have been 
made and shall be refunded to the person having made it. 
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 
1. The applicant for a Community plant variety right 
(the applicant) shall pay an application fee of ECU 1 000 
for the processing of the application under Article 113 (2) 
(a) of the Basic Regulation. 
2. The applicant shall take the necessary steps for 
payment of the application fee, in accordance with Article 
3, prior to or on the date on which the application is filed 
at the Office direct or at one of the sub-offices established 
or national agencies designated, pursuant to Article 30 (4) 
of the Basic Regulation; Article 4 (4) shall apply mutatis 
mutandis. 
3. If the payment of the application fee is considered 
not to have been received at the same time as the applica­
tion is received by the Office, the Office shall specify, in 
accordance with Article 51 of the Basic Regulation, a 
period of two weeks during which the formal date of 
application, assigned in accordance with the aforesaid 
Article 51, shall not be affected; a new request for 
payment as provided for in Article 83 (2) of the Basic 
Regulation shall not be issued to the applicant prior to 
the expiry of that period. 
4. If the payment of the application fee is considered 
not to have been received within the time limit specified 
pursuant to paragraph 3, the date of receipt of payment shall be treated as the date of application for the purposes 
of Article 51 of the Basic Regulation. 
5. Paragraph 4 shall not apply if the application is 
accompanied by sufficient documentary evidence that the 
steps necessary to effect payment have been taken; 
Article 4 (5) shall apply mutatis mutandis. 
6. As long as payment of the application fee is consi­
dered not to have been received by the Office, it shall not 
publish the application concerned and shall defer the 
technical examination. 
Article 8 
Fees relating to technical examination 
1. Fees for arranging and carrying out the technical 
examination of a variety being the subject of an applica­
tion for a Community plant variety right 'examination fee' 
shall be paid in accordance with Annex I for each 
growing period started. In the· case of varieties for which 
material with specific components has to be used repea­
tedly for the production of material, the examination fee 
laid down in Annex 1 shall be due in respect of such 
variety and in respect of each of the components for 
which an official description is not available and which 
must also be examined; however, it shall not in any 
circumstances exceed ECU 3000. 
2. The examination fee for the first growing period 
shall be due and payable no later than one month after 
the closing date for receipt of the material for the tech­
nical examination. 
3. The examination fee for each subsequent growing 
period shall be due and payable no later than one month 
prior to the beginning of such period unless the Office 
decides otherwise. 
4. The President of the Office shall publish the dates 
for payment of the examination fees in the Official 
Gazette of the Office. 
5. In the case of an examination report on the results 
of a technical examination which has already been carried 
out, in accordance with Article 27 of the Implementing 
Rules, prior to the date of application under Article 51 of 
the Basic Regulation, an administrative fee shall be due 
within such time limit as the Office shall specify. 
Article 9 
Annual fee 
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 (annual fee) as laid down in Annex II. 
2. The date for payment of the annual fee shall be the 
last day of the calendar month following the calendar 
month in which the Community plant variety right was 
granted, and in each subsequent year on the correspon­
ding day. 
IP/N/1/EU/P/6 
        - 5 -No L 121/34 Official Journal of the European Communities 1. 6. 95 
3. The Office shall issue to the holder a request 
containing the subject of payment, the amount due, the 
date for payment, and information on the possibility of a 
surcharge pursuant to Aricle 13 (2) (a). 
4. The Office shall not refund any payments which 
have been effected in order to keep the Community plant 
variety right in, force. 
Article 10 
Fees for processing specific requests 
1. Fees for the processing of a request, payable by the 
person making such request, shall be as follows: 
(a) 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: BCU 1 500 ; 
(b) for a request for the following entries into the Register 
of Community plant variety rights (register fee): 
-transfer of a Community plant variety right, 
contractual exploitation right, 
-identification of varieties as initial or essentially 
derived, 
-institution of actions in respect of claims referred 
to in Articles 98 (1), (2) and 99 of the Basic Regu­
lation, 
- a Community plant variety right given as a secu­
rity or as the subject of rights in rem, or 
-any levy of execution as referred to in Article 24 of 
the Basic Regulation: ECU 300; 
(c) for a request for any entry in the Register of Applica­
tions for Community plant variety rights or the 
Register of Community plant variety rights, other than 
those referred to in (a) and (b) above: ECU 100; 
(d) for a request for determining amount of costs 
pursuant to Article 85 (5) of the Regulation: ECU 
100. 
2. The fees referred to in paragraph 1 shall be due and 
payable on the date of receipt of the request to which 
they relate. Where the payment is not received in good 
time, Article 83 (2) of the Basic Regulation shall apply. 
Article 11 
Appeal fee 
1. The appellant shall pay an appeal fee of BCU 1 500 
for the processing of an appeal, as provided for in Article 
113 (2) (c) of the Basic Regulation. 2. A third of the appeal fee shall be due on the date of 
receipt of the appeal at the Office; Article 83 (2) of the 
Basic Regulation shall apply to that third. The remaining 
two-thirds of the appeal fee shall be due, upon request of 
the Office, within one month after remittal of the case by 
the relevant body of the Office of the Board of Appeal. 
3. A refund of the appeal fee already paid shall be 
ordered, in the event of an interlocutory revision, under 
the authority of the President of the Office and in other 
cases by the Board of Appeal, provided that the condi­
tions laid down in Article 83 (4) of the Basic Regulation 
are met. 
4. Paragraph 1 shall not apply to the Commission or a 
Member State, being the appellant against a decision 
taken under Article 29 (2) of the Basic Regulation. 
Article 12 
Fees laid down by the President of the Office 
1. The President of the Office shall fix the fees for the 
following matters: 
(a) the administrative fee referred to in Article 8 (5); 
(b) fees for issuing copies, certified or not, as in particular 
referred to in Article 84 (3) of the Proceedings Regula­
tion; and 
(c) fees in respect of the Official Gazette of the Office 
(Article 89 of the Basic Regulation, Article 87 of the 
Proceedings Regulation) and any other publication 
issued by the Office. 
2. The President of the Office may decide to make the 
services mentioned under paragraph 1 (b) and (c) depen­
dent on an advance payment. 
Article 13 
Surcharges 
1. The Office may levy a surcharge to the application 
fee if it establishes that: 
(a) a proposed denomination cannot be approved, in 
accordance with Article 63 of the Basic Regulation, by 
reason of its being identical to a denomination of 
another variety or by reason of its differing from a 
denomination of the same variety; or 
(b) an applicant for a Community plant variety right 
makes a new proposal for a variety denomination 
unless he was required by the Office to do so or 
unless he pursued an application for a Community 
plant variety right in accordance with Article 21 (3) of 
the Proceedings Regulation. 
The Office shall not publish a proposal for variety deno­
mination prior to the payment of a surcharge levied in 
accordance with the provisions of the first subparagraph. 
IP/N/1/EU/P/6 
        - 6 -1. 6. 95 Official Journal of the European Communities No L 121/35 
2. The Office may levy a surcharge to the annual fee if 
it establishes that: 
(a) the holder has failed to pay the annual fee in accord­
ance with Article 9 (2) and (3); or 
(b) the variety denomination must be amended in the 
event of a prior conflicting right of a third party, as 
laid down in Article 66 (1) of the Basic Regulation. , 
3. The surcharges referred to in paragraphs 1 and 2 
shall be levied in accordance with the rules on working 
methods to be established pursuant to Article 36 (1) (d) of 
the Basic Regulation, shall amount to 20 % of the fee 
concerned, subject to a minimum of ECU 100, and shall 
be due and payable within one month of the date on 
which the Office issues a request. 
Article 14 
Derogations 
1. Notwithstanding Article 7, the formal date of appli­
cation assigned under Article 51 of the Basic Regulation 
shall remain valid in respect of all applications filed in 
accordance with Article 116 (1) or (2) thereof if sufficient 
evidence is produced on 30 September 1995 at the latest 
that the applicant for the Community plant variety right 
carried out the acts necessary for payment of the applica­
tion fee. 2. Notwithstanding Article 8 (5), an administrative fee 
of ECU 100 shall be paid where a technical examination 
of the variety is carried out on the basis of· the available 
findings from any proceedings for the grant of a national 
plant variety right in accordance with Article 116 (3) of 
the Basic Regulation. Such administrative fee shall be due 
on 30 November 1995 at the latest. 
3. Notwithstanding Article 8 (5), authorities before 
which proceedings for the grant of a national plant variety 
right have been held may charge the applicant for a 
Community plant variety right a fee for marking available 
the relevant documents under the conditions laid down in 
Article 93 (3) of the Proceedings Regulation. Such fee 
shall not exceed the fee charged in the Member State 
concerned for the transmission of an examination report 
from a testing authority in another country; its payment 
shall be without prejudice to the payments to be made 
pursuant to paragraphs 1 and 2. 
4. Notwithstanding Article 8, a report fee of ECU 300 
shall be due in the case of an examination report referred 
to in Article 94 of the Proceedings Regulation within 
such time limit as the Office shall specify. 
Article 15 
En try in to 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. 
Done at Brussels, 31 May 1995. 
For the Commission 
Franz FISCHLER 
Member of the Commission 
IP/N/1/EU/P/6 
        - 7 -No L 121/36 Official J oumal of the European Communities 
ANNEX I 
The examination fee due to be paid pursuant to Article 8 shall be as follows: 
Group A 
Group A is related to the following agricultural crops: 
beet, cereals, cotton, potatoes, rapeseed, soyabean, sunflower 
Group B 
Group B is related to: 
1. agricultural crops (including grasses), other than those referred to in Group 
A; 
2. the following vegetables: 
aubergine (egg plants), courgette, cucumber, endive, french bean, lettuce, 
marrow, melon, onion, pepper, tomato, vegetable pea, water melon; 
3. the following ornamentals: 
alstroemeria, anthurium, azalea, begonia (elatior), chrysanthemum, dianthus, 
euphorbia pulcherrima, fuchsia, gerbera, impatiens, kalanchoe, lily, orchida­
ceae, pelargonium, pentas, petunia, rose, saint-paulia, spathiphyllum. 
Group C 
Group C is related to all genera or species, other than those referred to in 
Groups A and B. 
ANNEX II ECU 1 000 
ECU 800 
ECU 700 
The annual fee due to be paid pursuant to Article 9 for each year of duration shall be, on the basis of the 
groups established in Annex I, as follows: 
(in ecu) 
Group 
Year 
A B C 
1 400 400 400 
2 600 500 500 
3 800 600 600 
4 1 000 700 700 
5 1 100 800 800 
6 1 200 1 000 900 
7 and subsequent years 1 300 1 100 1 000 1. 6. 95 
IP/N/1/EU/P/6 
        - 8 -