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Regulation

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

CELEX
Implementing Regulation (EU) 2023/1104
Date of document
Articles
3
Source
EUR-Lex
Article 1

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

(1)

in Article 9, paragraph 1 is replaced by the following:

‘1.   The Office shall charge a holder of a Community plant variety right (‘the holder’) a fee of EUR 380 for each year of the duration of a Community plant variety right (‘annual fee’), as referred to in Article 113(2), point (d), of the Basic Regulation.’

;

(2)

in Article 11, paragraph 1 is replaced by the following:

‘1.   The appellant shall pay an appeal fee of EUR 2 100 for the processing of an appeal, as provided for in Article 113(2), point (c), of the Basic Regulation.’

;

(3)

in Article 12, paragraph 1 is replaced by the following:

‘1.   The President of the Office shall fix the fees for the following matters:

(a)

the administrative fee referred to in Article 8(5);

(b)

fees for issuing certified copies of documents;

(c)

the administrative fee referred to in Article 82(2) of the Proceedings Regulation;

(d)

the administrative fee concerning the declaration of Community plant variety right null and void, as referred to in Article 20 of the Basic Regulation;

(e)

the administrative fee concerning a written objection to granting a Community plant variety right, as referred to in Article 59 of the Basic Regulation.’

(4)

in Article 12, paragraph 2 is replaced by the following:

‘2.   The President of the Office may decide to make the services mentioned under paragraph (1(a) to (e) dependent on an advance payment.’

(5)

Annex I is replaced by the text in 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 July 2023.

Schedules & Appendices

ANNEX

ANNEX

‘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 shall be determined in accordance with the table:

(in EUR)

Cost group

Fee

Agricultural group

1

Potato

2 580

2

Grasses

3 650

3

Other agricultural species

1 980

Fruit group

4

Apple

4 130

5

Other fruit species

4 130

Ornamental group

6

Ornamental living greenhouse

2 390

7

Ornamental living outdoor

3 070

8

Ornamental non-living greenhouse

2 760

9

Ornamental non-living outdoor

2 890

10

Ornamental special

3 550

Vegetable group

11

Vegetable greenhouse

3 570

12

Vegetable outdoor

3 280

3 articles

Cite this act

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 (EUR-Lex). Retrieved via LawPlayer, https://lawplayer.com/eu/act/32023R1104

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

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