Commission Regulation (EC) No 329/2000 of 11 February 2000 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

COMMISSION REGULATION (EC) No 329/2000
of 11 February 2000
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 establishing the European Community,
Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights(1), as amended by Regulation (EC) No 2506/95(2), and in particular Article 113 thereof,
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(3) has specified the acts and circumstances for which fees are payable to the Community Plant Variety Office, and the respective levels of such fees.
(2) The financial situation of the Community Plant Variety Office has developed such as to conclude that the annual revenues of the Community Plant Variety Office mainly based on the fees as currently specified will in future likely exceed, in principle, the annual expenditures of the Office.
(3) Moreover, no subsidies from the general budget of the European Communities have been included in the annual revenues.
(4) The Administrative Council of the Community Plant Variety Office has forwarded draft amendments relating to that financial situation to the Commission, pursuant to Article 36(2) second indent, of Regulation (EC) No 2100/94.
(5) Therefore a reduction in the level of certain fees charged to applicants for, and holders of, Community plant variety rights is now justified.
(6) It is necessary to clarify the power to fix the administrative fee for the delivery of extracts from the registers of the Community Plant Variety Office, referred to in Article 82(2) of Commission Regulation (EC) No 1239/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office(4), as amended by Regulation (EC) No 448/96(5).
(7) In order to minimise cases of dispute, the description of genera or species on which is based the categorisation of varieties into one of the three examination fee groups in Annex I to Regulation (EC) No 1238/95, requires greater precision.
(8) Regulation (EC) No 1238/95 should be amended accordingly.
(9) It is necessary to apply the new measures with effect of the beginning of the budget year 2000.
(10) Article 2 of Council Regulation (EC) No 1103/97 of 17 June 1997 on certain provisions relating to the introduction of the euro(6) provides that any reference to the ecu is replaced by a reference to the euro.
(11) The Administrative Council has been consulted, pursuant to Article 113(4) of Regulation (EC) No 2100/94.
(12) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plant Variety Rights,