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

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
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 (the Basic Regulation)  (1), and in particular Article 113 thereof,
Whereas Regulation (EC) No 2100/94 is to be implemented by the Community Plant Variety Office (the  Office); whereas the revenue of the Office should in principle be sufficient to balance the budget  of the Office; whereas such revenues should be afforded by the fees to be paid for the official  acts set out in the Basic Regulation and in 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  (2) (the Proceedings Regulation) as  well as by annual fees payable for the duration of a Community plant variety right;
Whereas a subsidy from the general budget of the European Communities may cover the expenditure on  the initial running phase of the Office for the transitional period defined in Article 113 (3) (b)  of the Regulation; whereas an extension of that period by one year is possible by virtue of the  same provision;
Whereas such extension of the transitional period should be considered if sufficient experience has  not been gained for setting reasonable levels of fees ensuring the principle of self-financing  whilst safeguarding the attractiveness of the Community system of plant variety protection; whereas  such experience could only be gained by observing the number of applications for a Community plant  variety right, the costs paid to the Examination Offices and the actual duration of Community plant  variety rights granted;
Whereas the level of the fees should be based on the principles of sound financial management  within the Office, and in particular economy and cost-effectiveness;
Whereas, in the interests of a simplified handling by the staff of the Office, the fees should be  not only laid down, but also charged and paid in the same currency unit as is used for the budget  of the Office;
Whereas the application fee should be a uniform fee covering only the processing of an application  for a Community plant variety right made in respect of any given plant species;
Whereas the time limit for the payment of the application fee under Article 51 of the Basic  Regulation should be considered as the period between the acts necessary for making the payment and  the actual receipt of such payment by the Office, in particular in the need for a rapid recovery of  costs already incurred by the Office on the one hand and for the facilitating of an effective  filing of applications in the light of possibly long distances between applicant and Office, on the  other;
Whereas the total of the examination fees which are charged for a technical examination should, in  principle, balance the total fees to be paid by the Office to all Examination Offices; whereas  costs for the maintenance of the reference collection should not necessarily be covered entirely by  the examination fees charged; whereas the level of examination fee should vary between three groups  of plant species in the light of experience available from existing national arrangements for plant  variety protection;
Whereas the annual fees for the duration of a Community plant variety right should constitute an  extra source of revenue for the Office, but should, inter alia, cover costs relating to the  technical verification of varieties after the grant of a Community plant variety right and, in  consequence, should follow the grouping established for the examination fees;
Whereas the appeal fee should be uniform in order to cover the main cost components relating to  appeal proceedings, with the expection of costs relating to a technical examination pursuant to  Articles 55 and 56 of the Basic Regulation or to any taking of evidence; whereas two different  dates for payment of the application free should serve as an incentive to appellants to reconsider  their appeal in the light of the decisions taken by the Office pursuant to Article 70 (2) of the  Basic Regulation;
Whereas other fees in respect of specific requests shall in principle cover costs incurred in their  processing by the Office, including the taking of decisions on such requests;
Whereas to ensure flexibility in the management of costs, the President of the Office should be  empowered to lay down the fees payable for examination reports which already exist at the date of  application and are not available to the Office, and for specific services rendered;
Whereas surcharges may be levied in order to reduce unnecessary costs to the Office arising from a  lack of cooperation on the part of particular applicants for, or holders of, Community plant  variety rights;
Whereas in the light of Article 117 of the Basic Regulation, this Regulation should enter into  force as soon as possible;
Whereas the Administrative Council of the Office has been consulted;
Whereas the provisions provided for in this Regulation are in accordance with the opinion of the  Standing Committee on Plant Variety Rights,