Article 113

1. The fees regulations shall determine in particular the matters for which fees pursuant to Article 83 (1) are due, the amounts of the fees and the way in which they are to be paid.

 

2. Fees shall be charged for at least in respect of the following matters for:

(a) the processing of applications for grant of a Community plant variety right; this fee shall cover:

- the formal examination, (Article 53),

- the substantive examination (Article 54),

- the examination of the variety denomination (Article 63),

- the decision (Articles 61, 62)

- the related publishing (Article 89);

(b) the arranging and carrying out of the technical examination;

(c) the processing of an appeal including the decision;

(d) each year of the duration of a Community plant variety right.

 

3. (a) Without prejudice to (b) and (c), the amounts of the fees shall be fixed at such a level as to ensure that the revenue in respect thereof is in principle sufficient for the budget of the Office to be balanced.

(b) However, the subsidy referred to in Article 108 (3) may cover, for a transitional period ending on 31 December of the fourth year from the date laid down in Article 118 (2), the expenditure relating to the initial running phase of the Office. In accordance with the procedure laid down in Article 115, this period may be extended, if necessary, for no more than one year.

(c) Moreover, during the abovementioned transitional period only, the subsidy referred to in Article 108 (3) may also cover certain expenditure of the Office relating to certain activities other than the processing of applications, the arranging and carrying out of the technical examinations and the processing of appeals. These activities shall be specified, at the latest one year after the adoption of this Regulation, in implementing rules pursuant to Article 114.

 

4. The fees regulations shall be adopted in accordance with the procedure laid down in Article 115, after consultation of the Administrative Council on the draft of the measures to be taken.