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
Date: 2008-06-19
Institutions: European Commission
Subjects: Community Plant Variety Office, European patent, patent law, payment, plant variety right, tax system

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
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)

(6)

(7)

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.

Regulation (EC) No 1238/95 should therefore 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

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

HAS ADOPTED THIS REGULATION:

Whereas:

(1)

(2)

(3)

(4)

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.

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
the Office has now
reduced. The financial reserve of
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.

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.

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.

(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 Regu-

lation (EC) No 2039/2005 (OJ L 328, 15.12.2005, p. 33).

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.’

L 161/8

EN

Official Journal of the European Union

20.6.2008

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

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

Article 2

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

20.6.2008

EN

Official Journal of the European Union

L 161/9

Annex I is replaced by the following:

ANNEX

‘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)

Agricultural group

Cost group

1

2

3

4

5

6

7

8

Regular crops

Vegetatively propagated crops

Oil crops

Grasses

Beet crops

Fibre crops

Crops with special test arrangements

Other agricultural crops

Ornamental group

9

9A

10

11

12

13

Species with living reference collection, greenhouse test, long cultivation

Species with living reference collection, greenhouse test,
special phytosanitary conditions

long cultivation and

Species with living reference collection, greenhouse test, short cultivation

Species with living reference collection, outdoor test, long cultivation

Species with living reference collection, outdoor test, short cultivation

Species without living reference collection, greenhouse test, long cultivation

13A

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

14

15

16

Species without living reference collection, greenhouse test, short cultivation

Species without living reference collection, outdoor test, long cultivation

Species without living reference collection, outdoor test, short cultivation

17A

Ornamentals, seed propagated varieties, outdoor test

18A

Ornamentals, seed propagated varieties, greenhouse test

17, 18
and 19

Deleted

Fee

1 200

1 700

1 340

1 970

1 300

1 160

1 340

1 340

1 700

2 140

1 610

1 430

1 300

1 430

2 140

1 160

1 250

1 340

1 450

2 000

L 161/10

EN

Official Journal of the European Union

20.6.2008

Vegetable group

Cost group

20

21

22

23

Seed-propagated species, outdoor test

Seed-propagated species, greenhouse test

Vegetatively propagated species, outdoor test

Vegetatively propagated species, greenhouse test

Fruit group

24

Trees

24A

Tree species with a large permanent living reference collection

25

26

27

Shrubs

Vine habit

Runners

(in EUR)

Fee

1 430

1 790

1 970

1 610

1 790

2 500

1 790

1 790

1 970’