CELEX: 31976D0216
Language: en
Date: 1975-12-30 00:00:00
Title: 76/216/EEC: Commission Decision of 30 December 1975 authorizing the Federal Republic of Germany to restrict the marketing of seed or propagating material of certain varieties of agricultural plant species

21 . 2 . 76                         Official Journal of the European Communities                              No L 46/23
                                               COMMISSION DECISION
                                                   of 30 December 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)
                                                       (76/216/EEC)
THE COMMISSION OF THE EUROPEAN                                  Whereas therefore the application of the Federal
COMMUNITIES,                                                    Republic of Germany in respect of all these varieties
                                                                should be granted in full ;
Having regard to the Treaty establishing the
European Economic Community,                                    Whereas the measures provided for in this Decision
                                                                 are in accordance with the opinion of the Standing
Having regard to Council Directive 70/457/EEC of                Committee on Seed and Propagating Material for
29 September 1970 on the common catalogue of                     Agriculture, Horticulture and Forestry,
varieties of agricultural plant species (*), as last
amended by Council Directive 73 /438/EEC of
11 December 1973 (2), and in particular Article 15 (2)           HAS ADOPTED THIS DECISION :
and (3 ) thereof,
Having regard to the application lodged by the                                           Article 1
Federal Republic of Germany,
                                                                 The Federal Republic of Germany shall be authorized
Whereas under Articles 15 ( 1 ) and 16 of the said               to prohibit the marketing in all of its territory of seed
Directive, seed and propagating material of varieties            of the following varieties listed in the 1976 common
of agricultural plant species which have been                    catalogue of varieties of agricultural plant species :
officially accepted before 1 January 1974 in one or
more of the Member States and which fulfil the                   CEREALS
conditions provided for in this Directive, are, after             1 . Avena sativa L.
31 December 1975 , no longer subject to any marketing
restrictions relating to variety within the Community ;               Crin Noir
Whereas, however, Article 15 (2) of the said Directive                Maris Osprey
provides that a Member State may be authorized
upon application to prohibit the marketing of seed               2. Triticum durum L.
and propagating material of certain varieties ;                       Appulo
Whereas the Federal Republic of Germany has                           Belfuggito
applied for such authorization in respect of varieties                Belvedere
of cereals ;
                                                                      Conte Morando
Whereas the varieties of oats concerned are of the                    Eliodoro
winter type ; whereas the varieties of maize concerned
have an FAO maturity class index of 350 or over;                      Lambro
whereas it is well known that the varieties of winter
oats, varieties of durum wheat and varieties of maize                 Valgiorgio
which have an FAO maturity class index of 350 or                      Valsacco
over at present are not yet suitable for cultivation in
the Federal Republic of Germany (Article 15 (3 ) ( c),           3 . Zea mais L.
second case thereof);
                                                                      ASX 92
                                                                      ATC 39
 H OJ No L 225, 12. 10. 1970, p. 1 .
 (2) OJ No L 356, 27. 12. 1973, p. 79.                                Bled
 ---pagebreak--- No L 46/24            Official Journal of the European Communities                             21 . 2. 76
  Cargill Aire 504                                  NK 53 Sp
  Cargill Sud 556                                   Odra
  Cise X 5                                          Pag 64
  Cise X 7                                          Provence 610
  Coral                                             RX 70
  Dekalb KR 637                                     RX 80
  Dekalb KR 638                                     Star 304
  Dekalb XL 14                                      Strength UC 8800
  Dekalb XL 15 A
  Dekalb XL 44                                                          Article 2
  Dekalb XL 45 A                                 The authorization given in Article 1 shall be
                                                 withdrawn once it is established that the conditions
  Dekalb XL 61
                                                 thereof are no longer being satisfied.
  Dekalb XL 75
  Dekalb XL 364                                                         Article 3
  Dekalb XL 640 A                                The Federal Republic of Germany shall notify the
                                                 Commission of the date from which it is making use
  Emerald
                                                 of the authorization given under Article 1 and the
                                                 detailed methods to be followed. The Commission
  Föhn LG 15
                                                 shall inform the other Member States thereof.
  Funk's G 44
  Funk's G 350
                                                                        Article 4
  Funk's G 68227 Waxy
                                                 This Decision is addressed to the Federal Republic of
  Funk's G 69930                                 Germany.
  Funk's G H.O. 605
  Funk's G Pilot
  INRA 361                                       Done at Brussels, 30 December 1975 .
  Lydia
  Mercurio                                                                      For the Commission
  Morava                                                                         G. M. THOMSON
  Nike U 383                                                               Member of the Commission