89/77/EEC: Commission Decision of 29 December 1988 authorizing the Federal Republic of Germany to restrict the marketing of seed of certain varieties of agricultural plant species (Only the German text is authentic)
Date: 1988-12-29
Institutions: European Commission
Subjects: Germany, cereals, fodder plant, marketing restriction, seed













EUR-Lex - 31989D0077 - EN






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31989D0077

89/77/EEC: Commission Decision of 29 December 1988 authorizing the Federal Republic of Germany to restrict the marketing of seed of certain varieties of agricultural plant species (Only the German text is authentic)  


Official Journal L 030 , 01/02/1989 P. 0072 - 0074 





*****COMMISSION  DECISION  of 29 December 1988  authorizing the Federal Republic of Germany to restrict the marketing of seed of certain varieties of agricultural plant species  (Only the German text is authentic)  (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 which have been officially accepted during 1986 in at least one of the Member States and which also meet the conditions laid down in Directive 70/457/EEC is, with effect from 31 December 1988, no longer subject to any marketing restrictions relating to the variety in the Community;  Whereas the same applies to seed of certain agricultural plant species which belongs to varieties officially accepted in Portugal before 1 January 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 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 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 the national rules governing the acceptance of varieties there, which apply within the framework of current Community provisions, it is not distinct 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 of acceptance, 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;  Whereas the time limit in question should therefore, where the Federal Republic of Germany is concerned, be extended for an appropriate period 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 Organization (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 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 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 the 1989 Common Catalogue of Varieties of Agricultural Plant Species:  Cereals  1. Avena sativa L.  Kynon  2. Zea mays L.  Adour 590  Adour 650  AE 664  Agus  Agus LG 26-61  Airone  Alba  Alceo  Alezan 4006  Alispot  Ambo  Ambra  Appio  Ascot  Attila  Bionica  CA-867  CA-949  Capital  Cargisun  Carla  Chicago  Claudio  Country  Cres  Dayton  Dekalb XL 351  Derek  Diana  DK 250  DK 524  DK 528  Dorothy  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  Jaguar  Kathy  Lambro  Las Vegas  LG 60  LG 61  LG 2771  Liberty  Lico  Loges  Manlio  Menfi  Michelangelo  Mikado  Model  Monteverde  Morfeo (Wx)  NC 6190  Neva  New Orleans  Nisida  Nobel  Noce  Nova 2000  PGI-949  Primo  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  Tender  Tirso  Tohum  Tony  Urano  Valbom  Valeria  Valeria PR-3540  Velox G-4579  Verax 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 authorization 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 March 1989 in respect of the following varieties:  Fodder plants  Lolium multiflorum Lam.  Ellire  Lolium perenne L.  Aurora  Article 5  This Decision is addressed to the Federal Republic of Germany.  Done at Brussels, 29 December 1988.  For the Commission  Frans ANDRIESSEN  Vice-President  (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.