CELEX: 32008R0572
Language: en
Date: 2008-06-19 00:00:00
Title: 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

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’