COMMISSION DECISION of 30 June 1975 authorizing the Federal Republic of Germany to restrict the marketing of seed or propagating material of certain varieties of agricultural plant species (Only the German text is authentic) (75/576/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) and (3) thereof;

Having regard to the application lodged by the Federal Republic of Germany;

Whereas under Article 15 (1) of the said Directive, seed and progagating 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 authorized upon application to prohibit the marketing of seed and propagating material of certain varieties;

Whereas the Federal Republic of Germany has applied for such authorization in respect of several varieties of beet, fodder plants, rape, 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 Federal Republic of Germany beyond 31 December 1974 until 30 June 1975 in respect of the majority of these varieties, with or without qualifications;

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

Whereas the varieties Delitzsch Poly, Kaweaa, Kawecercomono, Kaweinterpoly, (sugar beet) Pelo (perennial rye-grass), King, Timo (timothy), Boreal (lucerne) and the varieties of oats, durum wheat and maize, except for Pag 21 and Pioneer 137, listed in the application, have not been the subject of official growing trials in the Federal Republic of Germany in view of the German application;

Whereas the said varieties of sugar beet, perennial ryegrass, timothy and lucerne have been the subject in the Federal Republic of Germany of an application for official acceptance in so far as their seed, in the case of grass varieties, is not intended for the production of fodder plants (Article 4 (2) (a) of the said Directive), or in so for as their seed is to be marketed in another country (Article 4 (2) (b) thereof) ; whereas therefore even the applicant has not claimed that these varieties have any satisfactory value for cultivation or use in the (1) OJ No L 225, 12.10.1970, p. 1. (2) OJ No L 356, 27.12.1973, p. 79. (3) OJ No L 32, 5.2.1975, p. 37. Federal Republic of Germany ; whereas therefore these varieties can be treated as not producing results in the Federal Republic of Germany, 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 the varieties of oats concerned are of the winter type ; whereas the varieties of maize concerned have an FAO maturity class index of 350 or over ; whereas it is well know that the varieties of winter oats, varieties of durum wheat and varieties of maize which have an FAO maturity class index of 350 or over at present are not yet suitable for cultivation in the Federal Republic of Germany (Article 15 (3) (c) second case thereof);

Whereas the other varieties listed in the Decision have been the subject of official growing trials in the Federal Republic of Germany ; whereas the results of these trials have led the Federal Republic of Germany to decide that these varieties are not distinct or sufficiently uniform there, that their cultivation could be harmful from the point of view of plant health to the cultivation of other varieties or species there, or that their value for cultivation or use is inferior to other comparable varieties accepted in the Federal Republic of Germany;

Whereas the other Member States have accepted these results for the varieties Cebeta (sugar beet), Dactimo (cocksfoot) Garanta, (Meadow fescue) Atempo, Massa, Terpas (perennial rye-grass), Lofar (timothy), Glacier, Hybride de Cresy (lucerne), Lola, Presta (common vetch), Leon (6-row-barley) and Galma (rye) ; whereas it is therefore clear that these varieties do not produce results in the Federal Republic of Germany, which, with respect to their qualities taken as a whole as regards their value for cultivation on use, correspond to those obtained from a comparable variety accepted there (Article 15 (3) (c), first case thereof);

Whereas, in respect of the varieties Polymoss (fodder beet), Tetri (red clover), and Trait d'Union (two-row barley), the results of the trials show that in the Federal Republic of Germany, when compared with the national rules governing the acceptance of varieties there, which apply within the framework of current Community provisions, they are not distinct from other varieties accepted there (Article 15 (3) (a) thereof);

Whereas, in respect of the varieties Intenso (timothy), Arina Dasas (smooth-stalked meadow grass), Blako (rape), the results of the trials show that in the Federal Republic of Germany, when compared with the national rules governing the acceptance of varieties there which apply within the framework of current Community provisions they are not sufficiently uniform in certain characteristics (Article 15 (3) (a) thereof);

Whereas, in respect of the varieties Avanti, Prevalent, Primura, Procura (potatoes), the results of the trials show that their cultivation in the Federal Republic of Germany could be harmful from the point of view of plant health to the cultivation of other varieties of potatoes there (Article 15 (3) (b) 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 Federal Republic of Germany, 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 therefore the application of the Federal Republic of Germany 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 officially accepted in the Federal Republic of Germany provided their seed is not intended for the production of fodder plants or is to be marketed in another country;

Whereas other varieties are no longer included in the German 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:

Article 1

1. The Federal Republic of Germany shall be authorized to prohibit the marketing in all of its territory of seed or propagating material of the following varieties listed in the 1975 common catalogue of varieties of agricultural plant species:

I. Beet

1. Sugar beet

Cebeta

Delitzsch Poly

Kaweaa

Kawecercomono

Kawecercopoly

Kaweinterpoly

Kaweprecopoly

2. Fodder beet

Polymoss

II. Fodder plants

1. Dactylis glomerata

Chantemille (Marcella)

Dactimo

2. Festuca pratensis

Aberystwyth S 53

Festina

Garanta

Wendelmoed

3. Lolium multiforum

(non alternativum)

Fat

Optima

Tedis

Terli

4. Lolium perenne

Atempo

Bocage

Massa

Pelo

Raidor

Real

Terpas

5. Phleum pratense

Intenso

King

Lofar

Timo

6. Poa pratensis

Arina Dasas

7. Medicago sativa

Boreal

Glacier

Hybride de Cresy

8. Pisum arvense

Perdro

9. Trifolium pratense

Isella

L 148/30 Longevo

Tetri

Triel

10. Trifolium repens

Barbian

11. Vicia sativa

Lola

Presta

III. Oil and fibre plants

Brassica napus oleifera

Blako

IV. Cereals 1. Avena sativa

Alba

Angelica

Argentina

Astra

Ava

Avoine d'Hiver du Prieure

Blancheneige

Maris Quest

Montagnana

Ombrone

Pendrwm (Pendrum)

Peniarth

Rogar 8

2. Hordeum distichum

Trait d'Union

3. Hordeum polystichum

Leon

4. Seoale cereale

Galma

5. Triticum durum

All varieties at present listed in the common

catalogue of varieties.

6. Zea maize

951 J

A 728

Adour 500

Adour 560

Anjou 450

Anjou 500

Anjou 510

Apollo 125

Apollo 133

Apollo 136

Asgrow 33

Asgrow 46

Asgrow 55

Asgrow 66

Asgrow 72

Asgrow 90 B

Asgrow 153 W

Asgrow 6215 A

Asgrow ASC 95

Asgrow ASX 58

Asgrow ATC 79

Attila

BC 490

Cargill 444

Cargill 555 A

Cargill 608

Cervino W

Ciclope

Cise 2 X 1

Cise 2 X 3

Cise 780

Cise OP 2

Cise X 6

Dekalb 404 (Dekalb XL 306)

Dekalb 666

Dekalb 805

Dekalb Brach 1

Dekalb DF 58

Dekalb DF 686

Dekalb XL 24

Dekalb XL 38

Dekalb XL 71

Dekalb XL 316

Dekalb XL 342

Dekalb XL 361 (Dekalb 12)

Dekalb XL 363

Dekalb XL 707

Ercole

Ercole H

Felsinea 650

Funk's G 50

Funk's G 77

Funk's G 4411

Funk's G 4444 Waxy

Funk's G 4652

Funk's G 18500

Funk's G 18503

Funk's G 20220

Funk's G Best

Funk's G Fast

Funk's G King

Funk's G Lider

Funk's G Lion

Funk's G Lord

Funk's G President

Funk's G Rock W

Funk's G Rock W 3

Funk's G Start

Funk's G Strong (Funk's G 4384)

Funk's G Top

Funk's G Vitrocim

Hico 3670 (Pioneer Hico 3670)

Indiana 750 A

Inra 508

Inra 540

Insubria 300

Insubria 305

Insubria 511

Insubria 521

Insubria 620

Insubria 640

Insubria 651

Jowa 4417

Kappa 600

LG 19

Marano ibrido Maliani

Maya 399

PAG 21

PAG 45

PAG 52 S

Piave W

Pioneer 137

Pioneer 368 A

Pioneer 370

Pioneer 3567

Pioneer 3911

Polesano 730

Pride 450

Provence 480

Saturno TV 23

Saturno TV 37 G

Saturno TV 37 R

Sile W

Supercross ATC 67

Supercross ATC 75

T 477

Titano

U 39 V 3 G (U 600)

U 39 V 3 R

U 42

U 42 A

United 530

United 550

V. Potatoes

Avanti

Humalda

Prevalent

Primura

Procura

2. In respect of the varieties King and Timo (Phleum pratense), this authorization shall be valid only to the extent that their seed is intended for the production of fodder plants.

3. In respect of the varieties Delitzsch Poly, Kaweaa, Kawecercomono, Kawecercopoly, Kaweinterpoly, Kaweprecopoly (sugar beet), Chantemille (Dactylis glomerata), Pelo (Lolium perenne), Boreal (Medicago sativo), this authorization shall be valid only to the extent that their seed is not to be marketed in another country.

Article 2

The authorization given in Article 1 shall be withdrawn once it is established that the conditions thereof are no longer being satisfied.

Article 3

The Federal Republic of Germany shall notify the Commission of the date from which it is making use of the authorization given under Article 1 and the detailed methods to be followed. The Commission shall inform the other Member States thereof.

Article 4

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 30 June 1975.

For the Commission

P.J. LARDINOIS

Member of the Commission