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Slovenia

SI038

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Decree amending the Decree on the amount of annual fee for varieties, entered in the catalogue of varieties of agricultural plants, and on fees and costs for the protection of varieties of plants (OJ RS, No 111/08, 25. November 2008, p. 14535)

 SI038: Plant Variety Protection, Fees, Decree, as amended 2008

Decree on the amount of annual fee for varieties, entered in the catalogue of varieties of agricultural plants, and on fees

and costs for the protection of varieties of plants (OJ RS, No 27/05 and 111/08) (unofficial consolidated text)

► B

DECREE

on the amount of annual fee for varieties,

entered in the catalogue of varieties of agricultural plants,

and on fees and costs for the protection of varieties of plants

(OJ RS, No 27/05, 17. March 2005, p. 2521-2522)

Amended by:

►M 1 Decree amending the Decree on the amount of annual fee for varieties, entered in the catalogue of varieties of agricultural plants, and on fees and costs for the protection of varieties of plants (OJ RS, No 111/08, 25. November 2008, p. 14535)

Decree on the amount of annual fee for varieties, entered in the catalogue of varieties of agricultural plants, and on fees

and costs for the protection of varieties of plants (OJ RS, No 27/05 and 111/08) (unofficial consolidated text)

▼B On the basis of the fourth paragraph of Article 48 of the Agricultural seeds and

propagating material act (Official Gazette RS, no. 58/02, 45/04 – ZdZPKG and 86/04)

and the second paragraph of Article 23 of the Protection of new varieties of plants act

(Official Gazette RS, no. 86/98 and 52/02 – ZDU-1) the Government of the Republic of

Slovenia hereby issues

D E C R E E

on the amount of annual fee for varieties, entered in the catalogue of varieties of

agricultural plants, and on fees and costs for the protection of varieties of plants

I. GENERAL PROVISIONS

Article 1

This Decree provides for the amount of annual fee for varieties, entered in the catalogue of

varieties of agricultural plants, and of fees for the plant variety protection and costs of testing of

distinctness, uniformity and stability of varieties (furtheron as: DUS testing) or of obtaining a

report on the DUS testing for the plant variety protection.

►M 1 Article 2 (deleted)

▼B II. ANNUAL FEE FOR VARIETIES, ENTERED IN THE CATALOGUE OF VARIETIES

Article 3

(1) Varieties of agricultural plants which are entered in the national catalogue of varieties of

agricultural plants in the Republic of Slovenia, shall be subject to annual fee in compliance with

the table in Annex 1, which is a constituent part of this Decree.

(2) Payment of the annual fee shall not apply to conservation varieties of any group of agricultural

plants.

Article 4

Annual fee specified in the previous article shall be paid at the beginning of a calendar year for

the current year of the entry of a variety in the catalogue of varieties, however until 31 January at

the latest.

III. FEES AND COSTS FOR THE PLANT VARIETY PROTECTION

Article 5

(1) Fees shall be paid for the conduction of the proceeding for the protection of new varieties of

plants and for the maintenance of breeding right, in compliance with table in Annex 2, which is a

constituent part of this Decree.

Decree on the amount of annual fee for varieties, entered in the catalogue of varieties of agricultural plants, and on fees

and costs for the protection of varieties of plants (OJ RS, No 27/05 and 111/08) (unofficial consolidated text)

▼B (2) Annual fee laid down in ►M 1 point 4◄of Annex 2 of this Decree shall be paid at the

beginning of a calendar year for the current variety's protection year, until 31 January at the latest.

Article 6

(1) Costs of DUS testing are provided for in table in Annex 3, which is a constituent part of this

Decree.

(2) Actual costs incurred in DUS testing in a trial field and in a laboratory, data processing and

the preparation of an official description of a variety shall be paid by the applicant to the person

performing the DUS testing.

Article 7

Fees and costs provided for with this Decree shall be ordered in the budget of the Republic of

Slovenia, acc.no. 01100-1008303490 – fees and costs for varieties of plants, model 11 23213-

7111185.

IV. TRANSITIONAL AND FINAL PROVISIONS

Article 8

Irrespective of the provision of the second paragraph of Article 2 of this Decree, the value of one

point for the year 2005 shall be 1,000.00 SIT.

Article 9

Irrespective of the provision of Article 4 of this Decree, the annual fee provided for in Article 3 of

this Decree for the year 2005 shall be paid until 1 July 2005 at the latest.

Article 10

With the effective date of this Decree, the following shall cease to apply:

– Decree on the fees of the office for the protection and registration of species of plants of the

Republic of Slovenia (Official Gazette RS, no. 29/99) and

– Decree on the costs for obtaining the results of testing of distinctness, uniformity and

stability of varieties (Official Gazette RS, no. 29/99).

Article 11

This Decree shall take effect on the day following its publication in the Official Gazette of the

Republic of Slovenia.

Decree on the amount of annual fee for varieties, entered in the catalogue of varieties of agricultural plants, and on fees

and costs for the protection of varieties of plants (OJ RS, No 27/05 and 111/08) (unofficial consolidated text)

Annex 1

▼M 1

Groups of agricultural plants Fee per variety

(EUR)

1. A – cereals and potatoes 39

2. B – beet, fodder plants, oil and fibre plants, vegetables: French

bean, pea, cucumber, pepper, tomato, lettuce 24

3. C – vegetables other than those referred to in Group B, and hops 14

Annex 2

▼M 1

Fee Fee per variety

(EUR)

1. application fee, including publishing the application in the official

gazette 96

2. fee for filing objection against application 34

3. request for restitutio in integrum 48

annual fee for the maintenance and rest of a plant variety right:

maintenance of a plant breeder’s right 96 A

rest of a plant breeder’s right 48

maintenance of a plant breeder’s right 72 B

rest of a plant breeder’s right 36

maintenance of a plant breeder’s right 48

4.

C rest of a plant breeder’s right 24

Groups of plants referred to in point 7 of the table are:

A) cereals, potatoes and beet;

B) all other agricultural crops, including grasses, of vegetables: French bean, pea, cucumber,

pepper, tomato, lettuce, and of ornamentals: Begonia , Chrysanthemum, Dianthus,

Pelargonium, Petunia and Rosa;

C) all other species, other than those referred to in Groups A and B.

Annex 3

▼M 1

Costs Fee per variety

(EUR)

1. checking DUS testing carried out by the applicant 242

2.

obtaining the report on the DUS testing from the office competent for

variety protection in another country, which is a party to treaties and

conventions, which have been signed or acceded to also by the

Republic of Slovenia

300