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
Modified by
- Council Regulation (EC) No 1103/97of 17 June 1997on certain provisions relating to the introduction of the euro, 31997R1103, June 19, 1997
- Commission Regulation (EC) No 329/2000of 11 February 2000amending 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, 32000R0329, February 12, 2000
- Commission Regulation (EC) No 569/2003of 28 March 2003amending Regulation (EC) No 1238/95 establishing implementation rules for the application of Council Regulation (EC) No 2100/94 as regards the fees payable to the Community Plant Variety Office, 32003R0569, March 29, 2003
- Commission Regulation (EC) No 1177/2005of 20 July 2005amending 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, 32005R1177, July 21, 2005
- Commission Regulation (EC) No 2039/2005of 14 December 2005amending 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, 32005R2039, December 15, 2005
- Commission Regulation (EC) No 572/2008of 19 June 2008amending 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, 32008R0572, June 20, 2008
- Commission Implementing Regulation (EU) No 510/2012of 15 June 2012amending Regulation (EC) No 1238/95 as regards the application fee payable to the Community Plant Variety Office, 32012R0510, June 16, 2012
- Commission Implementing Regulation (EU) No 623/2013of 27 June 2013amending Regulation (EC) No 1238/95 as regards the level of the annual fee payable to the Community Plant Variety Office, 32013R0623, June 28, 2013
- Commission Implementing Regulation (EU) No 1294/2014of 4 December 2014amending Regulation (EC) No 1238/95 as regards the level of the application fee and of the examination fee payable to the Community Plant Variety Office, 32014R1294, December 5, 2014
- Commission Implementing Regulation (EU) 2015/2206of 30 November 2015amending Regulation (EC) No 1238/95 as regards the fees payable to the Community Plant Variety Office, 32015R2206, December 1, 2015
- Commission Implementing Regulation (EU) 2016/2141of 6 December 2016amending Regulation (EC) No 1238/95 as regards the level of the annual fee and of the examination fees payable to the Community Plant Variety Office, 32016R2141, December 7, 2016
(a) delivery or remittance of 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 via electronic means, either by payment card or direct debit.
(a) in relation to the first year of the term of the Community plant variety right, within 60 days of date of the grant of the right; and (b) in relation to subsequent years of the term of the Community plant variety right, on the first day of the calendar month preceding the month in which the anniversary of the date grant falls.
(a) for an application for a compulsory exploitation right, including any entries in the Registers, an application for an exploitation right to be granted by the Office pursuant to Article 100 (2) of the Basic Regulation, or a request to amend such exploitation rights, once granted, (compulsory licence fee), save for the Commission or a Member State in the circumstances referred to in Article 29 (2) thereof: EUR 1500 ;(b) for a request for the following entries into the Register of Community plant variety rights (register fee): transfer of a Community plant variety right, contractual exploitation right, identification of varieties as initial or essentially derived, institution of actions in respect of claims referred to in Articles 98 (1), (2) and 99 of the Basic Regulation, a Community plant variety right given as a security or as the subject of rights in rem , orany levy of execution as referred to in Article 24 of the Basic Regulation: EUR 100;
(c) for a request for any entry in the Register of Applications for Community plant variety rights or the Register of Community plant variety rights, other than those referred to in (a) and (b) above: EUR 100; (d) for a request for determining amount of costs pursuant to Article 85 (5) of the Regulation: EUR 100.
(a) the administrative fee referred to in Article 8 (5); (b) fees for issuing certified copies of documents; (c) fees in respect of the Official Gazette of the Office (Article 89 of the Basic Regulation, Article 87 of the Proceedings Regulation) and any other publication issued by the Office; and (d) the administrative fee referred to in Article 82(2) of the Proceedings Regulation.
(a) a proposed denomination cannot be approved, in accordance with Article 63 of the Basic Regulation, by reason of its being identical to a denomination of another variety or by reason of its differing from a denomination of the same variety; or (b) an applicant for a Community plant variety right makes a new proposal for a variety denomination unless he was required by the Office to do so or unless he pursued an application for a Community plant variety right in accordance with Article 21 (3) of the Proceedings Regulation.
(a) the holder has failed to pay the annual fee in accordance with Article 9 (2) and (3); or (b) the variety denomination must be amended in the event of a prior conflicting right of a third party, as laid down in Article 66 (1) of the Basic Regulation.
Cost group | Fee | |
---|---|---|
1 | Potato | |
2 | Oilseed rape | |
3 | Grasses | |
4 | Other agricultural species | |
5 | Apple | |
6 | Strawberry | |
7 | Other fruit species | |
8 | Ornamental living greenhouse | |
9 | Ornamental living outdoor | |
10 | Ornamental non-living greenhouse | |
11 | Ornamental non-living outdoor | |
12 | Ornamental special | |
13 | Vegetable greenhouse | |
14 | Vegetable outdoor |
(EUR) | |||
Year | Group | ||
---|---|---|---|
A | B | C | |
1 | 400 | 400 | 300 |
2 | 600 | 500 | 400 |
3 | 800 | 600 | 500 |
4 and subsequent years | 700 | 600 |
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