CELEX: 31991D0037
Language: en
Date: 1990-12-20 00:00:00
Title: 91/37/EEC: 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)

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31991D0037

91/37/EEC: 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)  

Official Journal L 018 , 24/01/1991 P. 0019 - 0022

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.