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

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
,
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 fees payable to the Community Plant Variety Office (the Office), and the levels of such fees.
(2) 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 examinations were decreased during a transitional period.
(3) 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 technical examinations, the transitional period during which the level of these fees was decreased was prolonged until the end of 2006.
(4) 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.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Community Plant Variety Rights,