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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

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

Implementing Regulation (EU) 2023/1104 · Regulation · 3 articles

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 1

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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

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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.

Supplementary provisions

ANNEXSupplementary provisions

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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 ’

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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