In the cases referred to in the first subparagraph of Article 179(1), the date on which the
payment shall be considered to have been made to the Office shall be the date on which the
amount of the payment or of the transfer is actually entered in a bank account held by
Where the methods of payment referred to in the second subparagraph of Article 179(1)
may be used, the Executive Director shall establish the date on which such payments are to
be considered to have been made.
Where, under paragraphs 1 and 2, payment of a fee is not considered to have been made
until after the expiry of the period in which it was due, it shall be considered that this
period has been observed if evidence is provided to the Office that the persons who made
the payment in a Member State, within the period within which the payment should have
been made, duly gave an order to a banking establishment to transfer the amount of the
payment, and paid a surcharge of 10 % of the relevant fee or fees, but not exceeding
EUR 200. No surcharge shall be payable if the relevant order to the banking establishment
has been given not later than 10 days before the expiry of the period for payment.
The Office may request the person who made the payment to produce evidence as to the
date on which the order to the banking establishment as referred to in paragraph 3 was
given and, where required, to pay the relevant surcharge within a period to be specified by
it. If the person fails to comply with that request or if the evidence is insufficient, or if the
required surcharge is not paid in due time, the period for payment shall be considered not
to have been observed.