Article 1
Regulation (EC) No 1238/95 is amended as follows: 1. Article 4 is amended as follows: (a) point 3 is replaced by the following: "3. Where the payment is considered not to have been received by the Office within the requisite time limit, such time limit shall be considered to have been observed vis-Γ -vis the Office where sufficient documentary evidence is produced within that time limit to show that the person making the payment duly gave an order to a banking establishment or a post office to transfer the amount of the payment in euro to a bank account held by the Office within the time limit."; (b) point 4 is deleted; (c) point 5 is replaced by the following: "5. Documentary evidence shall be regarded as sufficient within the meaning of point 3 where an acknowledgement of provision of the transfer order, issued by a banking establishment or a post office, is produced. However, where the transfer ordered was a transfer using the SWIFT electronic bank payment method, the acknowledgement of provision of the transfer order shall take the form of a copy of the SWIFT report, stamped and signed by a duly authorised official of the bank or post office."; 2. Article 7 is amended as follows: (a) paragraph 5 is replaced by the following: "5. Paragraph 4 shall not apply where the application is accompanied by sufficient documentary evidence showing that the person making the payment duly gave an order to a banking establishment or a post office to transfer the amount of the payment in euro to a bank account held by the Office; Article 4 (5) shall apply mutatis mutandis."; (b) the following paragraph 7 is added: "7. Where the application fee is received but the application is not valid under Article 50 of the basic Regulation, the Office shall retain EUR 300 of the application fee and refund the remainder when notifying the applicant of the deficiencies found in the application."; 3. Article 9(1) and (2) are replaced by the following: "1. The Office shall charge a holder of a Community plant variety right (hereinafter referred to as 'the holder') a fee for each year of the duration of a Community plant variety right (annual fee) of EUR 300 for the years 2003 to 2005 and of EUR 435 for the year 2006 and the following years. 2. Payment of the annual fee shall be due: (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."; 4. Article 10 is amended as follows: (a) in the fifth indent of paragraph 1(b), "ECU 300" is replaced by "EUR 100"; (b) the following paragraph 3 is added: "3. Where a request for an entry referred to in point (b) or (c) of paragraph 1 concerns more than one application or registered right, applied for or held by the same person, only one fee shall be charged."; 5. Annex I is amended in accordance with the Annex to this Regulation; 6. Annex II is deleted.