Commission Regulation (EC) No 1177/2005 of 20 July 2005 amending Regulation (EC) No 1238/95 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards the fees payable to the Community Plant Variety Office
Date: 2005-07-20
Institutions: European Commission
Subjects: Community Plant Variety Office, European patent, patent law, stamp duty

L 189/26

EN

Official Journal of the European Union

21.7.2005

COMMISSION REGULATION (EC) No 1177/2005

of 20 July 2005

amending Regulation (EC) No 1238/95 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
Community,

establishing the European

(4)

(5)

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

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

opinion

the

the

of

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,

HAS ADOPTED THIS REGULATION:

After consulting the Administrative Council,

Article 1

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

Whereas:

1. Article 9(1) is replaced by the following:

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),
fixes the fees charged by the Community Plant Variety
Office (the Office), and the levels of those fees.

‘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) of EUR 300 for the years 2003 to 2007 and of
EUR 435 for the year 2008 and the following years.’;

It is expected that, at least until the end of 2005, the
financial reserve of the Office will exceed the amount
necessary to safeguard the continuity of its operations.
The annual fee to be paid to the Office by holders of
Community plant variety rights for the years 2006 and
2007 and the fees relating to technical examinations in
the year 2006 should therefore not be increased as
provided for in Regulation (EC) No 1238/95.

2. Article 12(1)(b) is replaced by the following:

‘(b) fees for issuing certified copies of documents; and’;

3.

in Annex I, the table is amended as follows:

provision

(EC) No

of Regulation

The
1238/95
concerning fees for issuing copies should be amended,
to take into account
the amendment of Commission
Regulation (EC) No 1239/95 of 31 May 1995 estab-
application of
lishing implementing rules
Council Regulation (EC) No 2100/94 as
regards
proceedings
Plant Variety
Office (3), by Regulation (EC) No 1002/2005.

the Community

before

the

for

(1) OJ L 227, 1.9.1994, p. 1. Regulation as last amended by Regulation

(EC) No 873/2004 (OJ L 162, 30.4.2004, p. 38).

(2) OJ L 121, 1.6.1995, p. 31. Regulation as last amended by Regu-

lation (EC) No 569/2003 (OJ L 82, 29.3.2003, p. 13).

(3) OJ L 121, 1.6.1995, p. 37. Regulation as last amended by Regu-

lation (EC) No 1002/2005 (OJ L 170, 1.7.2005, p. 7).

(a)

the heading of the second column is replaced by the
following:

‘Fee in years 2003 to 2006’;

(b) the heading of
following:

the third column is replaced by the

‘Fee in year 2007 and seq.’

(1)

(2)

(3)

21.7.2005

EN

Official Journal of the European Union

L 189/27

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

Article 2

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

Done at Brussels, 20 July 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission