INFORMATION FROM THE EPO
Decisions of the President of the EPO
Decision of the President of the European Patent Office dated 7 January 1999 implementing the Rules relating to Fees and amending the Arrangements for deposit accounts and their annexes
The President of the European Patent Office,
Having regard to the Rules relating to Fees, and in particular Article 5, paragraph 2, and Article 10c thereof,
Having regard to Article 10 of the European Patent Convention,
In view of the decision of the Administrative Council dated 10 December 19981 amending the Rules relating to Fees,
Has decided as follows:
Article 1
The insignificant amount referred to in Article 10c of the Rules relating to Fees shall be fixed at euro 10,20.
Article 2
The Arrangements for deposit accounts and their annexes (OJ EPO 1982, 15, OJ EPO 1987, 376, Supplement to OJ EPO 12/1990, 7, OJ EPO 1993, 366, and Supplement to OJ EPO 6/1994, 1) shall be amended as follows2:
1. Point 3 of the Arrangements for deposit accounts shall read as follows:
"3. The deposit accounts will be kept in euro only at the headquarters of the EPO in Munich."
2. Point 4 of the Arrangements for deposit accounts shall read as follows:
"4. The payment of the initial deposit and subsequent payments replenishing the account must in principle be effected in euro. If they are effected in a currency other than the euro, they will be accepted provided that the currency in question is freely convertible into euro and the amount of the payment will then be converted, for entry on the deposit account, into euro at the rate of exchange obtained or, where payment has been made into one of the accounts opened in the name of the EPO in countries other than the Federal Republic of Germany, the rate of exchange pertaining on the day on which that account is credited."
3. Point 6.6, first sentence, of the Arrangements for deposit accounts shall read as follows:
"6.6 The administrative fee shall be 30% of the amount not covered by the account, but shall not be less than euro 51 or more than euro 306."
4. Point 6.8 (b), first half-sentence, of the Arrangements for deposit accounts shall read as follows:
"(b) paid a surcharge of 10% on the relevant fee or fees, but not exceeding euro 153;"
5. Point 5.3 of the Arrangements for the automatic debiting procedure shall be amended as follows:
"5.3 The debit shall be effected in euro in the amount applicable for the fee in question on the date to be considered as the date on which payment is made (hereinafter "decisive payment date")."
6. Point 9 of the Arrangements for the automatic debiting procedure shall be amended as follows:
"9. The administrative fee shall be 5% of the amount not covered by the account - but not less than euro 51 or more than euro 766 - for every decisive payment date affected."
7. Point 3.8 of the Arrangements governing the use of magnetic tapes for debiting deposit accounts shall be amended as follows:
"3.8 The administrative fee shall be 5% of the amount not covered by the account, but shall not be less than euro 153 or more than euro 766."
8. In the data carrier specifications (Annexes 1 and 2 to the Arrangements governing the use of magentic tapes for debiting deposit accounts) "DEM" shall be replaced by "euro".
Article 3
Until 31 December 2001, the end of the transitional period for replacement of national currencies in the member states of the European Union participating in the euro area, the following transitional provisions will apply:
1. Deposit accounts will be kept in parallel in euro and in Deutsche Mark. Individual debit orders (point 6.2 of the Arrangements for deposit accounts) may be made out in euro or in Deutsche Mark. In contrast, fees falling due under the automatic debiting procedure will continue to be debited in Deutsche Mark unless the account holder files a written request with the Directorate Treasury and Accounts at the EPO in Munich for all future debits to be
made in euro. A request of this kind is irrevocable and will apply to all applications in respect of which the account holder has issued an automatic debit order.
2. Payments for deposit accounts must in principle be effected in euro or in Deutsche Mark. Payments in any other currency will be accepted as long as the currency in question is freely convertible. In the case of payments made in the currency of a member state of the European Union participating in the euro area the amount of the payment will be credited to the deposit account at the euro conversion rate. Payments made in the currency of an EPC contracting state not participating in the euro area or of a non-EPC contracting state will be converted into euro, for entry on the deposit account, at the rate of exchange obtained; where the payment has been made into one of the accounts opened in the name of the European Patent Organisation in a state not participating in the euro area it will be converted at the rate of exchange pertaining on the day on which the amount was credited to the account held by the European Patent Organisation.
3. Where the administrative fee under point 6.6 of the Arrangements for deposit accounts is paid in DEM it shall not be less than DEM 99,75 or more than DEM 598,48.
4. Where the surcharge under Nr. 6.8 (b) of the Arrangements for deposit accounts is paid in DEM it shall not be more than DEM 299,24.
5. Where the administrative fee under point 9 of the Arrangements for the automatic debiting procedure is debited in DEM it shall not be less than DEM 99,75 or more than DEM 1498,17 for every decisive payment date affected.
6. Where the administrative fee under point 3.8 of the Arrangements governing the use of magnetic tapes for debiting deposit accounts is paid in DEM it shall not be less than DEM 299,24 or more than DEM 1498,17.
7. Documents generated on the basis of the data carrier specifications (Annexes 1 and 2 to the Arrangements governing the use of magnetic tapes for debiting deposit accounts) may also be drawn up in Deutsche Mark.
Article 4
This decision shall enter into force on 2 March 1999. Article 2 of the decision of 10 December 19903 shall be cancelled with effect from the same date.
Done at Munich, 7 January 1999.
Ingo KOBER
President