Commission Regulation (EC) No 572/2008

law://eu/reg/2008/572@2026-11-13

Contents

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights^note, and in particular Article 113 thereof,After consulting the Administrative Council of the Community Plant Variety Office,Whereas:

(1)Commission Regulation (EC) No 1238/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards the fees payable to the Community Plant Variety Office^note, sets out the fees payable to the Community Plant Variety Office (‘the Office’), and the levels of those fees.

(2)The financial reserve of the Office had reached a level which exceeded the level necessary to safeguard the continuity of its operations. For this reason the annual fee and the fees relating to technical examination were reduced. The financial reserve of the Office has now decreased to an appropriate level and the revenue should therefore be raised again to a level which is sufficient for the budget of the Office to be balanced. To achieve this, the annual fee and the fees relating to technical examination should be increased.

(3)As regards new species, the experience gathered with the fee groups for the technical examination of ornamentals, has shown that there is a need to amend some of those fee groups.

(4)To facilitate the payment of fees and charges, payment by payment cards should be allowed subject to conditions and limitations to be determined by the President of the Office.

(5)At the same time the terms ‘ecus’ and ‘ECU’ should be respectively replaced by the terms ‘euros’ and ‘EUR’ throughout Regulation (EC) No 1238/95.

(6)Regulation (EC) No 1238/95 should therefore be amended accordingly.

(7)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Community Plant Variety Rights,

HAS ADOPTED THIS REGULATION:

Article 1 #

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

1.in Article 1(2), the word ‘ecus’ is replaced by ‘euros’;

2.in Article 3(2), points (a), (b) and (c) are replaced by the following:

(a)delivery or remittance of certified cheques which are made payable in euros to the Office;

(b)transfer in euros to a giro account held by the Office;

(c)payment into a charge account held in euros with the Office; or

(d)payment by payment card.’

3.in Article 7(1), Article 8(1), Article 10(1), points (a), (c) and (d), Article 11(1), Article 13(3) and Article 14(2) and (4), the word ‘ECU’ is replaced by ‘EUR’;

4.Article 9(1) is replaced by the following:‘1.The Office shall charge a holder of a Community plant variety right (hereinafter referred to as the holder) a fee for each year of the duration of a Community plant variety right (hereinafter referred to as annual fee) of EUR 300 for the year 2009 and the following years.’

5.Annex I to Regulation (EC) No 1238/95 is replaced by the text in the Annex to this Regulation.

Cost group	Fee
(in EUR)
1	Regular crops	1200
2	Vegetatively propagated crops	1700
3	Oil crops	1340
4	Grasses	1970
5	Beet crops	1300
6	Fibre crops	1160
7	Crops with special test arrangements	1340
8	Other agricultural crops	1340
9	Species with living reference collection, greenhouse test, long cultivation	1700
9A	Species with living reference collection, greenhouse test, long cultivation and special phytosanitary conditions	2140
10	Species with living reference collection, greenhouse test, short cultivation	1610
11	Species with living reference collection, outdoor test, long cultivation	1430
12	Species with living reference collection, outdoor test, short cultivation	1300
13	Species without living reference collection, greenhouse test, long cultivation	1430
13A	Species without living reference collection, greenhouse test, long cultivation with a further propagation step	2140
14	Species without living reference collection, greenhouse test, short cultivation	1160
15	Species without living reference collection, outdoor test, long cultivation	1250
16	Species without living reference collection, outdoor test, short cultivation	1340
17A	Ornamentals, seed propagated varieties, outdoor test	1450
18A	Ornamentals, seed propagated varieties, greenhouse test	2000
17, 18 and 19	Deleted
20	Seed-propagated species, outdoor test	1430
21	Seed-propagated species, greenhouse test	1790
22	Vegetatively propagated species, outdoor test	1970
23	Vegetatively propagated species, greenhouse test	1610
24	Trees	1790
24A	Tree species with a large permanent living reference collection	2500
25	Shrubs	1790
26	Vine habit	1790
27	Runners	1970’

Annex I is replaced by the following:

Commission Regulation (EC) No 572/2008

Commission Regulation (EC) No 572/2008

Article 1 #

Article 2 #

Annex I

Fees relating to technical examinations as referred to in Article 8

Connections

Key facts

History · 2 versions

Article 1 #

Article 2 #

Annex I

Fees relating to technical examinations as referred to in Article 8