Article 1
Regulation (EC) No 1238/95 is amended as follows: (a) In Article 3, paragraph 2 is amended as follows: (i) point (a) is replaced by the following: ‘(a) delivery or remittance of cheques which are made payable in euros to the Office;’; (ii) point (d) is replaced by the following: ‘(d) payment via electronic means, either by payment card or direct debit.’. (b) In Article 5, the following paragraph 3 is added: ‘3. If after enquiry with the bank concerned, the identity of the person making the payment cannot be confirmed and the amount cannot be refunded to any particular person, the amount shall be considered as other revenues within the deadlines outlined in the internal financial provisions of the Office referred to in Article 112 of the Basic Regulation and adopted by the Administrative Council of the Office.’. (c) Article 7 is amended as follows: (i) Paragraphs 1 and 2 are replaced by the following: ‘1. The applicant for a Community Plant Variety Right (the applicant) shall pay a fee of EUR 450 for the processing of an application filed and submitted via a web form by electronic means, made through the Office's online application system. The applicant shall pay a fee of EUR 650 for the processing of an application submitted by means other than through the Office's online application system. 2. The applicant shall take the necessary steps for payment of the application fee, in accordance with Article 3 of this Regulation, prior to or on the date on which the application is filed, directly at the Office or at one of the sub-offices established or national agencies entrusted pursuant to Article 30(4) of the Basic Regulation.’. (ii) 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 150 of the application fee and refund the remainder when notifying the applicant of the deficiencies found in the application.’. (d) In Article 8(5), the following sentence is added: ‘The amount of that fee shall be determined by the President of the Office after consultation of the Administrative Council and shall be published in the Official Gazette of the Office.’. (e) In Article 12(1), point (c) is deleted. (f) Article 13 is deleted. (g) In Article 14, paragraphs 3 and 4 are deleted.