Annex B.2 to the ADA
Arrangements for debiting deposit accounts by diskette
CONTENTS
1. General provisions
2. Authorisation
3. Debiting the deposit account
4. Statements of account
5. Withdrawal of authorisation
Appendix: Particulars to be supplied in the batch debit order
1. General provisions
Unless otherwise stated below, the Arrangements for deposit accounts1 apply to the use of diskettes for debiting deposit accounts.
2. Authorisation
2.1 Holders of deposit accounts may be authorised to debit them by diskette. Diskettes used for this purpose must meet data carrier specifications prescribed by the EPO and notified to users in writing.
2.2 Account holders must submit a signed request for authorisation to use this method of payment, which is likely to be worthwhile only if an average of 75 payments per diskette is made. Authorisation is given only after a successful trial run using a test diskette.
3. Debiting the deposit account
3.1 Diskettes may be used to pay fees for European patent applications or international applications provided that the application number is quoted.
3.2 A deposit account may be debited only on provision of a diskette meeting the data carrier specifications and of a batch debit order giving the particulars specified in the appendix.
3.3 Payments by authorised users are considered to be made on the date on which the EPO receives the diskette and the batch debit order, provided the diskette is processable and there are sufficient funds in the account to cover the total debit.
3.4 If the diskette proves unreadable or the data on the diskette does not tally with the particulars in the batch debit order, the EPO advises by fax or e-mail the contact person named in the debit order.
3.5 If the application number given is implausible or the type of fee is not specified or not known, the user is sent a printout of the payment concerned and requested to advise the EPO of the precise purpose of the payment within a specified period. Under Article 6(2) RFees, if he fails to do so, the payment is considered not to have been made.
3.6 If on the date of receipt of the diskette the deposit account does not contain sufficient funds to cover completely the fee payments indicated in the batch debit order, the debit is not carried out and the EPO advises accordingly, by fax or e-mail, the contact person named in the batch debit order.
3.7 If, within one month of receipt of the communication under point 3.6, the account is sufficiently replenished to enable the fees to be debited and, within the same period, an administrative fee under point 3.8 below is paid, then the date on which the batch debit order and diskette were received is regarded as that on which payment was made.
3.8 The administrative fee is 5% of the shortfall, but not less than euro 150 or more than euro 765.
4. Statements of account
4.1 Several times each month, the account holder is sent a statement of account. To enable the EPO to check any discrepancies notified by the user, the EPO will not return processed diskettes until two months after the date of receipt. After two months have elapsed, complaints can no longer be considered and the user is taken to have approved the statement of account.
4.2 Upon request, users are sent, immediately after booking, a printout of the fees debited.
5. Withdrawal of authorisation
If diskettes for debiting deposit accounts repeatedly cause difficulties, the EPO may withdraw its authorisation. Any payments made in this way after one month has elapsed from notification of the decision to withdraw the authorisation are deemed not to have been effected.
1 The provisions applicable include in particular point 6.8 ADA, under which a period for payment is considered to have been observed if – where appropriate after payment of the surcharge under point 6.8(b) ADA – evidence is provided to the EPO that the person who made the payment despatched at a post office in a contracting state, within the period for making the payment, a package bearing the address of the EPO containing the diskette and the batch debit order. In view of the size and importance of payments by diskette, users are strongly advised to take the precautions suggested in point 6.8 ADA.