Commission Implementing Regulation (EU) No 1294/2014 of 4 December 2014 amending 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
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 OfficeTHE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rightsOJ L 227, 1.9.1994, p. 1., and in particular Article 113 thereof,After consulting the Administrative Council of the Community Plant Variety Office,Whereas:(1)Article 7 of Commission Regulation (EC) No 1238/95Commission 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 (OJ L 121, 1.6.1995, p. 31). sets out provisions concerning the level of the application fee payable to the Community Plant Variety Office ("the Office") for the processing of applications for grant of a Community plant variety right.(2)Based on the experience gained by the Office concerning the cost linked with the processing of applications for grant of Community plant variety rights which are not valid, it is appropriate to reduce the amount of the application fee retained by the Office.(3)Article 8(1) of Regulation (EC) No 1238/95 and Annex I thereto set out the level of the fees for arranging and carrying out the technical examination of a variety being the subject of an application for a Community Plant Variety right payable to the Office, "the examination fee".(4)As regards the technical examination of varieties for which material with specific components has to be used repeatedly for the production of material, experience has shown that the cost for that examination may greatly vary from one case to another. The fee for the technical examination should cover the cost for the technical examination of the variety and for each specific component of the variety. No maximum amount should therefore be fixed as regards the fee for the technical examination in such cases.(5)The experience gathered concerning the technical examination further shows that the total amount of the examination fees charged by the Office does not cover the total amount of the fees to be paid by the Office to the Examination Offices. The fees charged by the Office should, however, in principle cover the fees paid by it. The fees set out in Annex I to Regulation (EC) No 1238/95 should therefore be raised. At the same time the cost groups set out in that Annex should be simplified.(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: