29.3.2003 Official Journal of the European Union L 82/13 COMMISSION REGULATION (EC) No 569/2003 of 28 March 2003 amending Regulation (EC) No 1238/95 establishing implementation rules for the application of Council Regulation (EC) No 2100/94 as regards the fees payable to the Community Plant Variety 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 (), as amended by Regulation (EC) No 2506/95 (), and in particular Article 113(4) thereof, Whereas: 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 (), as amended by Regulation (EC) No 329/2000 (¥, sets out fees payable to the Community Plant Variety Office (‘the Office’), and the levels of such fees. The Administrative Council of the Office has submitted to the Commission draft amendments relating to the fees payable to the Office under Regulation (EC) No 2100/ 94. The SWIFT electronic bank payment method should provide sufficient documentary evidence to show that an applicant has taken the necessary steps to pay the appli- cation fee into the account of the Office. Under Council Regulation (EC) No 2100/94, the applica- tion fee is intended to cover several stages of the proces- sing of an application. Therefore the Office should refund a fixed proportion of the application fee where, following the initial examination of the application, it is apparent that the applications is not valid. To reflect the administration costs of the Community plant variety rights system that are not covered by other fees, the annual fee should not vary according to the species protected, nor increase over time. L 227,1.9.1994, p. 1. L 258, 28.10.1995, p. 3. L 121, 1.6.1995, p. 31. L 37, 12.2.2000, p. 19. (6) (13) The financial reserve of the Office has reached a level which exceeds the level necessary to safeguard the conti- nuity of its operations. Therefore, the amount of the annual fee should be linked to a reduction of the reserve for the period 2003 to 2005. The due date for payment of the annual fee should precede the beginning of the year of the protection of the plant variety right to which it relates in order to avoid conferring free protection in the event of non- payment of such fee. It is appropriate to remove the difference between the fees charged for making entries in the register of Community plant variety rights and the register of appli- cations. In addition only one fee should be charged for making the same entry in a register in relation to a request covering more than one variety in the same ownership. Under Commission Regulation (EC) No 1239/95 of 31 May 1995 establishing implementing rules for the appli- cation of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office (), as last amended by Regulation (EC) No 2181/ 2002 (%), the Office is to pay for technical examinations. It is necessary to increase the fees charged to applicants for technical examinations and to introduce different fee groups. The fee increases should be achieved in two stages, due to the large amount of the increase. Regulation (EC) No 1238/95 should therefore be amended accordingly. The new measures shall apply in relation to fees that fall due from 1 April 2003. The Administrative Council has been consulted in accor- dance with Regulation (EC) No 2100/94. The provisions of this Regulation are in accordance with the opinion of the Standing Committee on Plant Variety Rights, () OJL 121, 1.6.1995, p. 37. (9 OJ L 331,7.12.2002, p. 14.