1975D0578 — EN — 31.12.1977 — 001.001

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authorizing the Grand Duchy of Luxembourg to restrict the marketing of seed of certain varieties of agricultural plant species

Amended by:

▼B

COMMISSION DECISION

of 30 June 1975

authorizing the Grand Duchy of Luxembourg to restrict the marketing of seed of certain varieties of agricultural plant species

(Only the French text is authentic)

(75/578/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community;

Having regard to Council Directive No 70/457/EEC ( 1 ) of 29 September 1970 on the common catalogue of varieties of agricultural plant species, as last amended by Council Directive No 73/438/EEC ( 2 ) of 11 December 1973, and in particular Article 15 (2) thereof;

Having regard to the application lodged by the Grand Duchy of Luxembourg;

Whereas under Articles 15 (1), 16 and 17 of the said Directive, seed and propagating material of varieties of agricultural plant species, which have been officially accepted in one or more of the original Member States in accordance with principles corresponding to those of the said Directive, are, after 31 December 1974, no longer subject to any marketing restrictions relating to variety within the Community as originally constituted;

Whereas however Article 15 (2) of the said Directive provides that a Member State may be authorised upon application to prohibit the marketing of seed and propagating material of certain varieties;

Whereas the Grand Duchy of Luxembourg has applied for such authorization in respect of several varieties of fodder plants, cereals and potatoes;

Whereas the Commission by its Decision of 30 December 1974 ( 3 ) extended the period provided for in the said Article 15 (1) for the Grand Duchy of Luxembourg beyond 31 December 1974 until 30 June 1975, in respect of these varieties, with or without qualifications;

Whereas the Commission has meanwhile completed its examination of the Luxembourg application with regard to these varieties;

Whereas the varieties King, Olympia, Tiran (timothy) and the varieties of oats, durum wheat and maize listed in the application have not been the subject of official growing trials in the Grand Duchy of Luxembourg in view of the Luxembourg application;

Whereas the varieties of oats concerned are of the non-alternative winter type; whereas the varieties of maize concerned have an FAO maturity class index of 300 or over; whereas it is well known that varieties of non-alternative winter oats, varieties of durum wheat and varieties of maize which have an FAO maturity class index of 300 or over are at present not yet suitable for cultivation in the Grand Duchy of Luxembourg (Article 15 (3) (c), second case of the said Directive);

Whereas the other varieties listed in this Decision have been the subject of official growing trials in the Grand Duchy of Luxembourg; whereas the results of these trials have led the Grand Duchy of Luxembourg to decide that their value for cultivation or use is inferior to other comparable varieties accepted in the Grand Duchy of Luxembourg;

Whereas the other Member States have accepted these results for the varieties Rina, Tetraflorum (Italian Ray grass) Lofar, Melusine (timothy), Weiristenta (red clover), von Kamekes (white clover); whereas it is therefore clear that these varieties do not produce results in the Grand Duchy of Luxembourg which, with respect to their qualities taken as a whole as regards their value for cultivation or use, correspond to those obtained from a comparable variety accepted there (Article 15 (3) (c), first case thereof);

Whereas, in respect of the other varieties listed in this Decision, the results of the trials show that they do not produce results in the Grand Duchy of Luxembourg which with respect to their qualities taken as a whole as regards their value for cultivation or use, correspond to those obtained from a comparable variety accepted there (Article 15 (3) (c), first case thereof); whereas, on the other hand, in respect of the variety Angeliter Elbo (red clover), this is established as a type of late red clover which is well known at present not yet to be suitable for cultivation in the Grand Duchy of Luxembourg (Article 15 (3) (c), second case thereof);

Whereas therefore the application of the Grand Duchy of Luxembourg in respect of all these varieties should be granted in full; whereas account should also be taken of the fact that some of these varieties are acceptable for the Grand Duchy of Luxembourg provided their seed is not intended for the production of fodder plants;

Whereas other varieties are no longer included in the Luxembourg application;

Whereas the measure provided for in this Decision is in accordance with the Opinion of the Standing Committee on Seed and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DECISION: