1989D0077 — EN — 26.06.1989 — 001.001 — 1
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►B COMMISSIONDECISION
of29December 1988
authorizingtheFederalRepublicofGermanytorestrictthemarketingofseedofcertainvarieties
ofagricultural plantspecies
(OnlytheGermantextisauthentic)
(89/77/EEC)
(OJ L 30, 1.2.1989, p. 72)
Amended by:
Official Journal
No page date
►M1Commission Decision 89/422/EEC of 23 June 1989 L 193 43 8.7.1989
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COMMISSIONDECISION
of29December 1988
authorizing the Federal Republic of Germany to restrict the
marketingofseedofcertain varieties ofagriculturalplantspecies
(OnlytheGermantextisauthentic)
(89/77/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to Council Directive 70/457/EEC of 29 September 1970
on the common catalogue of varietiesof agricultural plan s pecies(1), as
last amended by Directive 88/380/EEC(2), and in particular Article 15
(2) (3) and (7) thereof,
Having regard to the application lodged by the Federal Republic of
Germany,
Whereas, pursuant to Article 15 (1) of Directive 70/457/EEC, seed or
propagating material of varietiesof agricultural plant s pecieswhichhave been officially accepted during 1986 in at least one of the
Member Statesand which als o meet the conditionslaid down in Direc-
tive 70/457/EEC is, with effect from 31 December 1988, no longersubject to any marketing restrictions relating to the variety in theCommunity;
Whereas the same applies to seed of certain agricultural plant species
which belongsto varietiesofficially accepted in Portugal before 1January 1987, by virtue of Commission Decision 89/78/EEC of 29
December 1988 liberalizing trade in seeds of certain agricultural plant
species between Portugal and other Member States(
3);
Whereas, however, Article 15 (2) of Directive 70/457/EEC provides
that, in the cases set out in Article 15 (3), a Member State may beauthorized upon application to prohibit the marketing of seed andpropagating material of certain varieties;
Whereasthe Federal Republic of Germany hasapplied for s uch author-
ization for a certain number of varieties of different species, including
some of the varieties officially accepted in Portugal referred to above;
Whereas the varieties Ellire (Italian ryegrass) and Aurora (perennial
ryegrass) have been the subject of official trials in Germany;
Whereas, in respect of the variety Ellire, the results of the trials show
that in the Federal Republic of Germany, when compared with thenational rulesgoverning the acceptance of varietiesthere, which applywithin the framework of current Community provisions, it is notdistinct from another variety accepted there (Article 15 (3) (a), first
case, of Directive 70/457/EEC);
Whereas the examination of this case has led to some doubts
concerning the appraisal of its distinctness in the Member State ofacceptance, in the termsof Article 12a (1) of Directive 70/457/EEC;whereasthes e doubtsneed to be clarified;
Whereasthe application in res pect of the variety Aurora isnow being
carefully examined by the Commission;
Whereas it is impossible to complete the clarification and examination
before the time limit specified in Article 15 (1) of Directive 70/457/EEC;1989D0077 — EN — 26.06.1989 — 001.001 — 2
(1) OJ No L 225, 12. 10. 1970, p. 1.
(2) OJ No L 187, 16. 7. 1988, p. 31.
(3) See page 75 of thisOfficial Journal.
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Whereas the time limit in question should therefore, where the Federal
Republic of Germany isconcerned, be extended for an appropriateperiod in order to allow complete clarification and examination in
respect of these two varieties (Article 15 (7) of Directive 70/457/EEC);
Whereasthe variety of oatsconcerned isof the winter type; whereas
the varietiesof maize concerned have a Food and Agriculture Organi-zation (FAO) maturity class index over 350; whereas it is well knownthat the varietiesof winter oatsand varietiesof maize which have anFAO maturity class over 350 are at present unsuitable for cultivation in
the Federal Republic of Germany (Article 15 (3) (c), second case, of
Directive 70/457/EEC);
Whereas, therefore, the application of the Federal Republic of Germany
in respect of these varieties should be granted in full;
Whereas the measures provided for in this Decision are in accordance
with the opinion of the Standing Committee on Seed and PropagatingMaterial for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS DECISION:
Article 1
The Federal Republic of Germany ishereby authorized to prohibit the
marketing in its territory of seed of the following varieties listed in the
1989 Common Catalogue of Varietiesof Agricultural Plant Species :
Cereals1.Avena sativa L.
Kynon
2.Zea mays L.
Adour 590Adour 650AE 664
Agus
AgusLG 26-61AironeAlbaAlceo
AlispotAmbo
Ambra
AngelicoAppio
Ascot
AttilaBionicaCA-867CA-949Capital
Cargisun
CarlaChicagoClaudioCountry
Cres
DaytonDekalb XL 351DerekDiana1989D0077 — EN — 26.06.1989 — 001.001 — 3
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DK 524
DK 528
Dorothy
Egeo (Wx)
EnnioEstrela
Ettore
Explorer G-4621
Freedom
Frida (Wx)
Fucedro G-4630
Funk'sG 4449
G 4673
G 4733
G 4740 A
Granja
Help
Indianapolis
Jaguar
Kathy
Lambro
LasVegas
LG 60
LG 61LG 2771
Liberty
Lico
LogosManlio
Menfi
Michelangelo
Mikado
Model
Monteverde
Morfeo (Wx)
NC 6190
Neva
New Orleans
Nisida
Nobel
Noce
Nova 2000
PGI-949Primo
Prisama G-4730
PX 610
Quetzal
Remo
Rocker G-4686
Ronodur
Ronolac
RX 9581
Sagittario
SNH-731
SNH-741
Sparta
Spazio
Steve
Tartaro
Tchalco
Tebe
TenderTirso
Tohum
Tony1989D0077 — EN — 26.06.1989 — 001.001 — 4
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Urano
ValbomValeria
Valeria PR-3540
Velox G-4579
Virax G-4754
Volga PR-3475
Article 2
The authorization given in Article 1 shall be withdrawn as soon as it is
established that the conditions thereof are no longer satisfied.
Article 3
The Federal Republic of Germany shall notify the Commission and the
other Member Statesof the date from which it makesus e of the author-
ization under Article 1 and the detailed methodsto be followed.
Article 4
The time limit specified in Article 15 (1) of Directive 70/457/EEC is,
where the Federal Republic of Germany isconcerned, extended from31 December 1988 to 31 March 1989 in respect of the following vari-eties:
Fodder plantsLolium multiflorum Lam.
Ellire
Lolium perenne L.
Aurora
Article 5
This Decision is addressed to the Federal Republic of Germany.1989D0077 — EN — 26.06.1989 — 001.001 — 5
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