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

• CELEX: Implementing Regulation (EU) No 1294/2014
• Articles: 3

Article 1

Regulation (EC) No 1238/95 is amended as follows:

(1)

In Article 7, paragraph 7 is replaced by the following:

‘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 200 of the application fee and refund the remainder when notifying the applicant of the deficiencies found in the application.’

(2)

In Article 8, paragraph 1 is replaced by the following:

‘1.   Fees for arranging and carrying out the technical examination of a variety being the subject of an application for a Community plant variety right (examination fee) shall be paid in accordance with Annex I for each growing period started. In the case of varieties for which material with specific components has to be used repeatedly for the production of material, the examination fee laid down in Annex I shall be due in respect of such variety and in respect of each of the components for which an official description is not available and which must also be examined.’

(3)

Annex I is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

It shall apply from 1 January 2015.

Schedules & Appendices

ANNEX

ANNEX

Annex I to Regulation (EC) No 1238/95 is replaced by the following:

‘ANNEX I

Fees relating to technical examination as referred to in Article 8

The fee to be paid for the technical examination of a variety pursuant to Article 8 shall be determined in accordance with the table:

(in EUR)

Cost group

Fee

Agricultural group

1

Potato

1 960

2

Oilseed rape

1 860

3

Grasses

2 210

4

Other agricultural species

1 430

Fruit group

5

Apple

3 210

6

Strawberry

2 740

7

Other fruit species

2 550

Ornamental group

8

Ornamental living greenhouse

2 140

9

Ornamental living outdoor

1 960

10

Ornamental non-living greenhouse

1 770

11

Ornamental non-living outdoor

1 570

12

Ornamental special

3 040

Vegetable group

13

Vegetable greenhouse

2 150

14

Vegetable outdoor

1 960 ’