APPLICATION FOR PAYMENT

Application for payment from the Community

No appeal shall be allowed against the decree dismissing the application for issuance of a payment order.

Without prejudice to Article 8 (5) of this Section or any national provisions concerning recovery of debts, any financial contribution charged to the Community in respect of these sums including irregularities shall be written off at the end of the second year following its registration in the debtors ledger and deducted from the next application for payment as provided for in Article 9 of this Section.

If the court dismisses the application for issuance of a payment order, it shall continue to proceed with the action.

For the application of the provisions of Articles 18 and 19, the liaison bodies may agree upon the payment of advances.

The SAPARD Agency shall ensure that any amount(s) which it finds has been inadvertently paid in excess of the sum due, noted by it and which have been incorporated in expenditure declarations charged to the SAPARD euro account, are recorded within 5 days in the SAPARD euro account and deducted from the next application for payment to the Commission referred to in Article 9 of this Section.

The amount to be recovered in accordance with the conformity clearance Decision, shall be communicated to the National Authorising Officer who shall, on behalf of the Republic of Slovenia, ensure that the amount is credited to the SAPARD euro account within two months of the date the conformity clearance Decision was taken and deducted from the next application for payment to the Commission.

Additional fee for belated payment of a renewal fee for the European patent application (Article 86, paragraph 2) 10% of the belated renewal fee

(b) any part of a commitment which has not been settled by the payment on account or for which it has not received a payment application containing all elements to enable payment by the Commission pursuant to paragraph 6 by the end of the second year following the year of commitment.

The costs borne by the other Member States shall be added to their payments resulting from the application for each Member State of Article 2(1)(c).

The Commission shall automatically decommit any part of the commitment referred to in Article 2 which has not been settled by a payment on account, or for which it has not received an acceptable payment application, by 31 December 2003 at the latest.

The Commission shall automatically decommit any part of the commitment referred to in Article 2 which has not been settled by a payment on account, or for which it has not received an acceptable payment application, by 31 December 2006 at the latest.

The Commission shall automatically decommit any part of the commitment referred to in Article 2 which has not been settled by a payment on account, or for which it has not received an acceptable payment application, by 31 December 2003 at the latest.`

(b) Any Contracting Party shall, subject to subparagraph (a), be free to establish requirements for the division of an application, including the payment of fees.

(1) Regardless of the general rules on obligational relations, no agreement may be adopted in the event of delayed payment on the part of the consumer as the contractual party which would determine the application of higher interest rates for delayed payment than those defined by the code of obligations.

[ Time Limits Under Article 6(7) and (8) Relating to Payment of Application Fee in Accordance with the Patent Cooperation Treaty ] Where any fees required to be paid under Article 6(4) in respect of the filing of the application are not paid, a Contracting Party may, under Article 6(7) and (8), apply time limits for payment, including late payment, which are the same as those applicable under the Patent Cooperation Treaty in relation to the basic fee component of the international fee.

(3) [Time Limits Under Article 6(7) and (8) Relating to Payment of Application Fee in Accordance with the Patent Cooperation Treaty] Where any fees required to be paid under Article 6(4) in respect of the filing of the application are not paid, a Contracting Party may, under Article 6(7) and (8), apply time limits for payment, including late payment, which are the same as those applicable under the Patent Cooperation Treaty in relation to the basic fee component of the international fee.

If upon filing of the action the plaintiff applies for the exemption from payment of court fees, the judge shall be bound forthwith and not later than within fifteen days to decide upon his application.

In the event there is no convertability between Netherlands` and Slovenian currencies, the undue payments or the contributions for the application of Articles 44 and 45 will be calculated on the basis of the indicative exchange-rate, as advised by the Netherlands Central Bank at the date specified for the enforcement of the decision on the recovery of undue payments and on the collection of contributions.

3c. Surcharge for late filing of either the translation of the international application or the request for examination, or for late payment of the national basic fee, the search fee or the designation fees (Rule 108(3)) 50% of the relevant fees, but at least EUR 500 for late filing of the translation, up to a maximum of EUR 1 750

As provided in paragraph 3 of Article XII and paragraph 10 of Article XVIII, Members may, in the case of certain essential products, exclude or limit the application of surcharges applied across the board or other measures applied for balance-of-payments purposes.

Subject to the restrictions provided for in Article 128, paragraphs 1 to 4, and in Rule 93, the European Patent Office may, upon request, communicate information concerning any file of a European patent application or European patent subject to the payment of an administrative fee.

The Republic of Cyprus shall be responsible for the administration and payment of any Union funds to which persons in the Sovereign Base Areas may be entitled pursuant to the application of the common agricultural policy in the Sovereign Base Areas under Article 44, and the Republic of Cyprus shall be accountable to the Commission for such expenditure.

(b) may prescribe that any person who, in that State, in good faith is using or has made effective and serious preparations for using an invention the use of which would not constitute infringement of the application or patent in the original translation may, after the corrected translation takes effect, continue such use in the course of his business or for the needs thereof without payment.

A Member shall notify to the General Council the introduction of or any changes in the application of restrictive import measures taken for balance-of-payments purposes, as well as any modifications in time-schedules for the removal of such measures as announced under paragraph 1. Significant changes shall be notified to the General Council prior to or not later than 30 days after their announcement.

In the event there is no convertibility between Netherlands` and Slovenian currencies, the payments between institutions for the application of Article 21 of this Convention and Article 30 of the Administrative Arrangement will be calculated on the basis of the indicative exchange-rate applying at the date on which the payment can be made, as advised by the Netherlands Central Bank.

the objective of this function is the establishment of the amount that shall be paid to a claimant or to their assignee(s) in compliance with this Agreement, in particular those concerning the eligibility of applications for approval and claims for payment, compliance with commitments entered into concerning project approvals, tendering and contracting procedures, and verification of the work carried out or services supplied.

1 Nothing in this Understanding is intended to modify the rights and obligations of Members under Articles XII or XVIII:B of GATT 1994. The provisions of Articles XXII and XXIII of GATT 1994 as elaborated and applied by the Dispute Settlement Understanding may be invoked with respect to any matters arising from the application of restrictive import measures taken for balance-of-payments purposes.

(5) Any person who, in a designated Contracting State, has in good faith used or made effective and serious preparations for using an invention which is the subject of a published European patent application or a European patent in the period between the loss of rights referred to in paragraph 1 and publication of the mention of re- establishment of those rights, may without payment continue such use in the course of his business or for the needs thereof.

When the court, acting by virtue of office, issues an order on production of evidence to ascertain facts on which the application of the third paragraph of Article 3 of the present Act is dependable, and the parties fail to make the prescribed advance payment, the costs envisaged for the production of such evidence shall be advanced by the court from its funds, notwithstanding the provision of the third paragraph of Article 3.

(6) Any person who, in a designated Contracting State, in good faith has used or made effective and serious preparations for using an invention which is the subject of a published European patent application or a European patent in the course of the period between the loss of rights referred to in paragraph 1 and publication of the mention of re-establishment of those rights, may without payment continue such use in the course of his business or for the needs thereof.

When the Pool agreement does not foresee the setting up of a Pool for the component parts used for the repair of the Pool containers, temporary admission without payment of import duties and taxes, and without application of import prohibitions or restrictions of economic character shall be granted to these component parts without the production of Customs documents being required on their importation and re-exportation and without the furnishing of a form of security.

(6) Any person who, in a designated Contracting State, has in good faith used or made effective and serious preparations for using an invention which is the subject of a published European patent application or a European patent in the period between the decision of the Board of Appeal under review and publication of the mention of the decision of the Enlarged Board of Appeal on the petition, may without payment continue such use in the course of his business or for the needs thereof.

b) To the extent that the conditions for payment of compensation under any such agreement are not more favourable than those which result from the measures adopted by the Contracting Party concerned for the application of the Paris Convention and of this Convention, the amount of damage caused by a nuclear incident covered by this Convention and for which compensation is payable by virtue of such an agreement may be taken into consideration, where the proviso to Article 8 applies, in calculating the total amount of damage caused by that incident.

Moreover, to reflect the provisions of Commission Regulation (EC) No 2222/2000 of 7 June 2000 laying down financial rules for the application of Council Regulation (EC) No 1268/1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period, as last amended by Regulation (EC) No 188/2003 it is necessary to the increase the time limits of validity of financial commitments set out in the Annual Financing Agreements for 2000, 2001 and 2002. For the same reason it is also necessary to adjust the provisions in the Multi-annual Financing Agreement concerning the submission of applications for payment from the Commission;

Payment under paragraphs 4 and 5 shall be made within 30 days of receipt of the application for payment.

7.A Member State may decide that the application for the definitive establishment of payment entitlements referred to in paragraph 4 may be lodged at the same time as the application for payment under the single payment scheme.

Where the application for payment relates to an annual aid amount in excess of EUR 10000, checks on this application must include an on-the-spot visit."

Where an application for payment is included with an application for an area payment in the context of the integrated administration and control system, the Member State shall ensure that parcels covered by applications for rural development support are declared separately.

Areas which are not the subject of an application for payment under this Regulation but are used to support an application for aid under Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(8) shall also be taken into account for the calculation of areas for which payment is claimed.

Except in cases of force majeure, where an application for payment of the balance is submitted late, the balance shall be reduced by 3 % for each month by which it is overdue.

1.In cases referred to in Article 40(5) of Regulation (EC) No 1782/2003, where the agri-environmental commitments referred to in that Article expire after the last date for lodging an application for payment under the single payment scheme in its first year of application, the Member State shall establish, in the first year of application of the single payment scheme, reference amounts for each farmer concerned in accordance with Article 40 (1), (2), (3) or (5) second subparagraph of that Regulation, provided that any double payment under those agri-environmental commitments is excluded.

7.Where a holding is transferred in its entirety from one farmer to another farmer during the period referred to in Article 44(3) of Regulation (EC) No 1782/2003, the transferee may use the parcels concerned for the purposes of submitting an application for payment under the single payment scheme.

Compensatory payments for arable crops are similar in application to forms of deficiency payments.

AID APPLICATION FOR THE DAIRY PREMIUM AND THE ADDITIONAL PAYMENTS