Commission Regulation (EC) No 2039/2005 of  14 December 2005  amending Regulation (EC) No 1238/95 establishing implementing rules for the application of Council Regulation (EC) 2100/94 as regards the fees payable to the Community Plant Variety Office
Date: 2005-12-14
Institutions: European Commission
Subjects: Community Plant Variety Office, administrative procedure, patent law, stamp duty

15.12.2005

EN

Official Journal of the European Union

L 328/33

COMMISSION REGULATION (EC) No 2039/2005

of 14 December 2005

amending Regulation (EC) No 1238/95 establishing implementing rules for the application of
Council Regulation (EC) 2100/94 as regards the fees payable to the Community Plant Variety Office

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

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,

(5)

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

Whereas:

(1)

(2)

(3)

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 fees payable to the Community Plant Variety
Office (the Office), and the levels of such fees.

The financial reserve of the Office has reached a level
which exceeds
the level necessary to safeguard the
continuity of its operations. For this reason, the level
of the annual fee and the fees related to technical exam-
inations were decreased during a transitional period.

As regards the annual fee, the transitional period during
which the level of this fee was decreased was already
prolonged until the end of 2007. As regards the fees
for
transitional period
during which the level of these fees was decreased was
prolonged until the end of 2006.

examinations,

technical

the

It is however foreseen that despite the measures taken in
order to decrease the financial reserve of the Office, the
level of the reserve will not decrease to an appropriate
level in the short term. The level of the annual fee should
therefore be further decreased. Therefore, Regulation (EC)
No 1238/95 should be amended accordingly.

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

opinion

the

the

of

HAS ADOPTED THIS REGULATION:

Article 1

Article 9(1) of Regulation (EC) No 1238/95 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
years 2003 to 2005 and of EUR 200 for the year 2006 and
the following years. Where a person paid a fee of EUR 300
for the year 2006, the office shall refund the difference of
EUR 100 to that person.’

Article 2

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

It shall apply from 1 January 2006.

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

Done at Brussels, 14 December 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

(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 1177/2005 (OJ L 189, 21.7.2005, p. 26).