1989D0077 — EN — 21.12.1990 — 002.001 — 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
►M2Commission Decision 91/37/EEC of 20 December 1990 L 18 19 24.1.1991
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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 varieties of agricultural plan species(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 varieties of agricultural plant species whichhave been officially accepted during 1986 in at least one of the
Member States and which also meet the conditions laid down in Direc-
tive 70/457/EEC is, witheffect 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 belongs to varieties officially 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;
Whereas the Federal Republic of Germany has applied for such 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 rules governing the acceptance of varieties there, 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 terms of Article 12a (1) of Directive 70/457/EEC;whereas these doubts need to be clarified;
Whereas the application in respect of the variety Aurora is now 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 — 21.12.1990 — 002.001 — 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 this Official Journal.
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Whereas the time limit in question should therefore, where the Federal
Republic of Germany is concerned, 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);
Whereas the variety of oats concerned is of the winter type; whereas
the varieties of maize concerned have a Food and Agriculture Organi-zation (FAO) maturity class index over 350; whereas it is well known
that the varieties of winter oats and varieties of maize which have an
FAO maturity class over 350 are at present unsuitable for cultivation inthe Federal Republic of Germany (Article 15 (3) (c), second case, ofDirective 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 Propagating
Material for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS DECISION:
Article 1
The Federal Republic of Germany is hereby authorized to prohibit the
marketing in its territory of seed of the following varieties listed in the1989 Common Catalogue of Varieties of Agricultural Plant Species:
Cereals
1.Avena sativa L.
2.Zea mays L.Adour 590
Adour 650AE 664
Agus
Agus LG 26-61
Airone
Alba
Alceo
AlispotAmbo
Ambra
AngelicoAppio
Ascot
Attila
BionicaCA-867
CA-949
Capital
Cargisun
Carla
Chicago
ClaudioCountry
Cres
Dayton
Dekalb XL 3511989D0077 — EN — 21.12.1990 — 002.001 — 3
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Derek
Diana
DK 524
DK 528Dorothy
Egeo (Wx)
Ennio
Estrela
Ettore
Explorer G-4621
Freedom
Frida (Wx)
Fucedro G-4630
Funk's G 4449
G 4673
G 4733
G 4740 A
Granja
Help
Indianapolis
KathyLambro
Las Vegas
LG 60
LG 61
LG 2771
Liberty
Lico
LogosManlio
Menfi
Michelangelo
Model
Monteverde
Morfeo (Wx)
NC 6190Neva
New Orleans
Nisida
Noce
Nova 2000
PGI-949
Primo
Prisama G-4730
PX 610
Quetzal
Remo
Rocker G-4686
Ronodur
Ronolac
RX 9581
SagittarioSNH-731
SNH-741
Sparta1989D0077 — EN — 21.12.1990 — 002.001 — 4
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Spazio
SteveTartaro
Tchalco
TebeTenderTirsoTohum
Tony
UranoValbomValeriaValeria PR-3540Velox 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 States of the date from which it makes use of the author-ization under Article 1 and the detailed methods to be followed.
Article 4
The time limit specified in Article 15 (1) of Directive 70/457/EEC is,
where the Federal Republic of Germany is concerned, extended from
31 December 1988 to 31 March1989 in respect of th e 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 — 21.12.1990 — 002.001 — 5
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