4.2.4 Date of receipt of the debit order; insufficient funds 

Provided there are sufficient funds in the deposit account on the date the EPO receives the debit order or on the execution date, that date will be considered the date on which the payment is made.

This applies also where a debit order is filed together with an application filed under Art. 75(1)(b) with a competent national authority of a contracting state (see A‑II, 1.6). If the EPO does not receive the debit order until after expiry of the period allowed for paying fees due which can be paid on filing, that period is deemed observed if evidence is available or presented to the EPO to show that the debit order was filed with the competent authority of the contracting state at the same time as the application, provided that sufficient funds were available in the account at the time the period expired.

If, on the date of receipt of the debit order or on the date specified as the execution date (point 10 ADA), the account does not contain sufficient funds to fully cover all the fees indicated for an application (shortfall), the fees are booked in ascending order of application number ("PCT" before "EP" before "UP") and fee code, according to point 7.3 ADA, as long as the funds allow. Once a debit order cannot be executed in full due to insufficient funds, no other debit order is booked until the account is duly replenished. The outstanding payment is considered to have been made on the date on which the deposit account is duly replenished. On the application of the safety provision in the case of late receipt of the replenishment payment at the EPO, see A‑X, 6.2.2.