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.