L 79/34 Official Journal of the European Union 25.3.2009 COMMISSION REGULATION (EC) No 249/2009 of 23 March 2009 amending Council Regulation (EC) No 297/95 as regards the adjustment of the fees of the European Medicines Agency to the inflation rate THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 297/95 of 10 February 1995 on fees payable to the European Agency for the Evaluation of Medicinal Products ('), and in particular Article 12 thereof, Whereas: o) Article 67(3) of Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the au- thorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (), stipulates that the revenue of the European Medicines Agency (hereinafter the Agency) shall consist of a contribution from the Community and fees paid by undertakings to the Agency. Regulation (EC) No 297/95 lays down the categories and levels of such fees. Article 12 of Regulation (EC) No 297/95 lays down that the Commission shall review the fees of the Agency by reference to the inflation rate and update them, with effect from 1 April of each year. Those fees should therefore be updated by reference to the inflation rate of 2008. The inflation rate in the Community, as published by the Statistical Office of the European Communities (Eurostat), was 3,7 % in 2008. For the sake of simplicity, the adjusted levels of the fees should be rounded to the nearest EUR 100. Regulation (EC) No 297/95 should therefore be amended accordingly. For reasons for legal certainty this Regulation should not apply to valid applications which are pending on 1 April 20009. Pursuant to Article 12 of Regulation (EC) No 297/95 the update has to be made with effect from 1 April 2009. It L 35, 15.2.1995, p. 1. L 136, 30.4.2004, p. 1. is therefore appropriate that this Regulation enters into force as a matter of urgency and applies from that date, HAS ADOPTED THIS REGULATION: Atrticle 1 Regulation (EC) No 297/95 is amended as follows: 1. Article 3 is amended as follows: (a) paragraph 1 is amended as follows: (i) point (a) is amended as follows: — in the first subparagraph, ‘EUR 242 600" i replaced by ‘EUR 251 600, — in the second subparagraph, EUR 24 300" i replaced by ‘EUR 25 200, — in the third subparagraph, ‘EUR 6 100’ replaced by ‘EUR 6 3007 (ii) point (b) is amended as follows: — in the first subparagraph, ‘EUR 94 100’ replaced by ‘EUR 97 600", — in the second subparagraph, ‘EUR 156 800’ i replaced by ‘EUR 162 600, — in the third subparagraph, ‘EUR 9 400’ replaced by ‘EUR 9 700, — in the fourth subparagraph, ‘EUR 6 100" i replaced by ‘EUR 6 3007 (ili) point (c) is amended as follows: — in the first subparagraph, ‘EUR 72 800’ replaced by ‘EUR 75 500, — in the second subparagraph, EUR 18 200 EUR 54 600" is replaced by ‘EUR 18 900 EUR 56 600, — in the third subparagraph, ‘EUR 6 100’ replaced by ‘EUR 6 3007