Article 9 Annual fee
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.
Substituted by Commission Regulation (EC) No 572/2008 of 19 June 2008 amending Regulation (EC) No 1238/95 as regards the level of the annual fee and the fees relating to technical examination, payable to the Community Plant Variety Office, and the manner of payment.
2 Payment of the annual fee shall be due:
(a) in relation to the first year of the term of the Community plant variety right, within 60 days of date of the grant of the right; and
(b) in relation to subsequent years of the term of the Community plant variety right, on the first day of the calendar month preceding the month in which the anniversary of the date grant falls.
Substituted by 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 Office.
3 The Office shall issue to the holder a request containing the subject of payment, the amount due, the date for payment, and information on the possibility of a surcharge pursuant to Article 13 (2) (a).
4 The Office shall not refund any payments which have been effected in order to keep the Community plant variety right in force.