COMMISSION DECISION of 20 December 1990 authorizing the Federal Republic of Germany and the Hellenic Republic to restrict the marketing of seed of certain varieties of agricultural plant species and amending certain Decisions authorizing the Federal Republic of Germany to restrict the marketing of seed of certain varieties of agricultural plant species (Only the German and Greek texts are authentic) (91/37/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 species (1), as last amended by Directive 90/654/EEC (2), and in particular Article 15 (2) and (3) thereof,

Having regard to Commission Decision 75/576/EEC (3), and in particular Article 2 thereof and the corresponding provisions of Commission Decisions 79/92/EEC (4), 82/949/EEC (5), 84/23/EEC (6), 85/59/EEC (7), 85/624/EEC (8), 87/110/EEC (9), 87/118/EEC (10), 88/94/EEC (11), 89/77/EEC (12) and 89/589/EEC (13) authorizing the Federal Republic of Germany inter alia to restrict the marketing of seed of certain varieties of agricultural plant species,

Having regard to the applications lodged by Germany and Greece,

Whereas, pursuant to Article 15 (1) of Directive 70/457/EEC, seed or propagating material of varieties of agricultural plant species which have been officially accepted during 1988 in at least one of the Member States and which also meets the conditions laid down in Directive 70/457/EEC is, with effect from 31 December 1990, no longer subject to any marketing restrictions relating to the variety in the Community;

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 be authorized, upon application, to prohibit the marketing of seed and propagating material of certain varieties;

Whereas the application of Germany concerns varieties of maize with a Food and Agricultural Organization (FAO) maturity class index over 350; whereas it is well known that varieties of maize with an FAO maturity class index over 350 are not at present suitable for cultivation in Germany (Article 15 (3) (c), second case, of Directive 70/457/EEC); whereas, therefore, the application of Germany in respect of these varieties should be granted in full;

Whereas the application of Greece concerns early varieties of soya bean; whereas it is also well known that early varieties of soya bean are not at present suitable for cultivation in Greece (Article 15 (3) (c), second case, of Directive 70/457/EEC); whereas, therefore, the application of Greece in respect of these varieties should be granted in full;

Whereas, however, the system for the grant of authorizations pursuant to Article 15 (2) of the said Directive must be revised, with a view to the completion of the internal market; whereas this revision will affect all derogations granted hitherto, with effect from 31 December 1992 at the latest;

Whereas by the abovementioned Decisions the Commission has authorized Germany inter alia to prohibit the marketing of seed of certain varieties of oats of the winter type and of certain varieties of maize with an FAO maturity class index over 350, listed in the then current common catalogues of agricultural plant species;

Whereas experience has shown that it can no longer be maintained that in Germany the value for cultivation and use of certain varieties of oats of the winter type is inferior to other comparable varieties;

Whereas in the light of current scientific and technical knowledge certain varieties of maize which in the past were considered to fall into a FAO maturity class of an index higher than the abovementioned FAO maturity class index can no longer be so considered;

Whereas the conditions necessitating the grant of such authorizations to Germany in respect of the said varieties of oats of the winter type and maize are therefore no longer satisfied;

Whereas accordingly such authorizations in respect of the said varieties should be withdrawn;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds 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 the following varieties to be listed in the 1991 common catalogue of varieties of agricultural plant species:

CEREALS

Zea mays L. - maize

Acheo

AE 431

Aida

Albax (W)

Alcober

Alfan Aliber

Alidile

Aligris

Alimir

Alios

Alnus PX 9646 Alver

Alyson

Amalia

Amandis

Amor

Ardy

Ariane

Arider

Ariete

Ario

Atakant

Athenea

Axion

Azuris

Badajoz

Barcellona

Bellum

Bilitis

Blancor (W)

Bleck

Bolt

Bomber

Bondy

Calvi 2659

Capitan

Cardan

Cargispor

Carico

Celina

Celtis

Ciclone

Cifor 4313

Clara 2655

Cometa

Commandos

Conte

Coronado

Corsar

Creso

Cruise

CS 8671

Cusco

Daino

Dakar G-4590

Dekas

Dekor

Dekalb XL 72-3

Denni

Dingo

Diodo

Discovery

Divina (W)

Dixie

DK 415

DK 433

DK 536

DK 698

Doge

Dole

Dracma G-4662

Drive

Ducato G-4712

Duplex

Duplo

Elegans Emily

Eurodis

Every

Express

Fabio

Faro

Fausto

Feeling 02

Fiorino G-4440

Flax

Frederik

Fuji (W)

Fulton

Furio 4207

Futuro

Galaxis

Gary

Giovanna

Glauco

Gordon

Granada

Great

Greg

Hawaiano

Hercule 2638

Ibernio

Iller

Illinois DK 698

Ionio (Wx)

Itala

Jedi

July

Kido 2641

Kuban

Lady

Lancial

Laser

Lavinia

Leone

LG 2520

Licinio

Litio

Lola (x)

Look

Lord

Loriot (Wx)

Los Angeles

Markober

Masko

Milan

Milford

Mirto

Moana

Molto

Morgan

NC 3440

NC 6131

Natali

Navajo

Nelson

New York

Norman

Odiseo

Olympis

Orchidea Orionus (Wx)

Ovalis

Pamela

Pasadena

Pascal

Peonia

Plauto

Plutonio

Pothos

Professional

Publio

PX 9283

PX 9540

Regen

Reno

Ring

River

Roger

Roll

Rosai

Roxalis

Roxis

Runner

Sally

San Diego

Sandy Scorpio

Scott

Sierra

Silka

Simona

Sirmio

Spencer

Spiritis

Sprea

Sprint

Sting

Stratos

Swan (Wx)

Tauro

Terry

Texano

Tiffany

Tosca

Ulis

Urasis

Valdivia

Vandy

Ventotene

Zack

Zannone.

Article 2

The Hellenic Republic is hereby authorized to prohibit the marketing in its territory of seed of the following varieties to be listed in the 1991 common catalogue of varieties of agricultural plant species:

OIL AND FIBRE PLANTS

Glycine max. (L.) Merrill - soya bean

Cervin

Kalmit

Leopard

Major

Mogador. Article 3

The authorizations given in Articles 1 and 2 shall be withdrawn as soon as it is established that the conditions thereof are no longer satisfied. Article 4

The Federal Republic of Germany and the Hellenic Republic shall notify the Commission and the other Member States of the date from which they make use of the authorizations given in Articles 1 and 2 respectively and the detailed methods to be followed. Article 5

The authorizations for the Federal Republic of Germany granted in the Decisions listed below are hereby withdrawn as far as the varieties respectively listed below are concerned:

CEREALS

1. Avena sativa L. - oats

Decision Varieties 75/576/EEC Angelica Argentina Astra Ava Avoine d'hiver du Prieur Crin Noir Noire de Moyencourt Peniarth Rogart 8 79/92/EEC Pennal 82/949/EEC Fringante Kalott Rosette 85/59/EEC Bulwark Lidia Oyster 85/624/EEC Mutine Tanagra 87/110/EEC Vintero 87/118/EEC AC 1 Blancanieves Blenda Cartuja Nina PA 101 PA 102 PA 105 Prevision Roja de Argelia Saia 6 88/94/EEC Image Lustre 89/77/EEC Kynon 89/589/EEC Aintree Cigale Craig Sonar

2. Zea mays L. - maize

Decision Varieties 82/949/EEC Fany 84/23/EEC Cantaleso Eva 85/59/EEC Arta 85/624/EEC Senechal 88/94/EEC Anjou 39 Aquilan LG 2350 89/77/EEC Jaguar Mikado Nobel 89/589/EEC Axios

Article 6

This Decision is addressed to the Federal Republic of Germany and the Hellenic Republic. Done at Brussels, 20 December 1990. For the Commission

Ray MAC SHARRY

Member of the Commission (1) OJ No L 225, 12. 10. 1970, p. 1. (2) OJ No L 353, 17. 12. 1990, p. 48. (3) OJ No L 253, 30. 9. 1975, p. 36. (4) OJ No L 22, 31. 1. 1979, p. 14. (5) OJ No L 383, 31. 12. 1982, p. 27. (6) OJ No L 20, 25. 1. 1984, p. 19. (7) OJ No L 23, 26. 1. 1985, p. 44. (8) OJ No L 379, 31. 12. 1985, p. 20. (9) OJ No L 48, 17. 2. 1987, p. 27. (10) OJ No L 49, 18. 2. 1987, p. 35. (11) OJ No L 56, 2. 3. 1988, p. 40. (12) OJ No L 30, 1. 2. 1989, p. 72. (13) OJ No L 331, 16. 11. 1989, p. 46.