Commission Implementing Regulation (EU) 2023/1104 of 6 June 2023 amending Regulation (EC) No 1238/95 as regards the fees payable to the Community Plant Variety Office
Commission Implementing Regulation (EU) 2023/1104of 6 June 2023amending Regulation (EC) No 1238/95 as regards the fees 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 9(1) 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 the level of the fee payable to the Community Plant Variety Office ("the Office"), for each year of the duration of a Community plant variety right as provided for in Article 113(2), point (d), of Regulation (EC) No 2100/94.(2)In order to reflect the potential for inflation on all budget lines and to continue to increase the free reserve to the minimum level to ensure the operation of the office, the annual fee paid by a holder of a Community plant variety right should be raised to EUR 380.(3)The complexity of appeal cases has been rising and the current appeal fee established in Article 11 of Regulation (EC) No 1238/95 does not cover the real costs. This appeal fee should therefore be raised to EUR 2100.(4)Experience has shown that there is a need to cover the administrative costs concerning the declaration of Community plant variety right null and void, as referred to in Article 20 of Regulation (EC) No 2100/94, and the administrative fee concerning a written objection to granting a Community plant variety right, as referred to in Article 59 of that Regulation.(5)Annex I to Regulation (EC) No 1238/95 sets out the level of fees for arranging and carrying out the technical examination of a variety which is the subject of an application for a Community plant variety right, payable to the Office.(6)On the basis of a survey on the costs of the Examination offices carried out by the Office, the fees charged by the Office should be updated, taking into account the inflation rate. Oil seed rape should be included in the group of other agricultural species and strawberry in the group of other fruits species as the level of fees in those groups are more appropriate for those species. Therefore, fees set out in Annex I to Regulation (EC) No 1238/95 should be modified for all the cost groups concerned.(7)According to Article 83 Regulation (EC) No 2100/94 the Office shall charge fees for its official acts provided for under the Regulation. Therefore, fees should be laid down for the declaration of Community plant variety right null and void and for a written objection to granting a Community plant variety right in order to cover costs of these increased activities.(8)Regulation (EC) No 1238/95 should therefore be amended accordingly.(9)This Regulation should apply from 1 July 2023 in order to allow sufficient time for the Office and the stakeholders to adapt to those amendments.(10)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: