COMMISSION DECISION  of 30 December 1975  authorizing the Grand Duchy of Luxembourg to restrict the marketing of seed or propagating material of certain varieties of agricultural plant species  (Only the French text is authentic)  (76/221/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 plant species (1), as last amended by Council Directive 73/438/EEC of 11 December 1973 (2), and in particular Article 15 (2) and (3) thereof,
Having regard to the application lodged by the Grand Duchy of Luxembourg,
Whereas under Articles 15 (1) and 16 of the said Directive, seed and propagating material of varieties of agricultural plant species which have been officially accepted before 1 January 1974 in one or more of the Member States are, after 31 December 1975, no longer subject to any marketing restrictions relating to variety in the Community;
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 Grand Duchy of Luxembourg has applied for such authorization in respect of varieties of cereals;
Whereas the varieties of oats concerned are of the winter type ; whereas the varieties of maize concerned have an FAO maturity class index of 300 or over ; whereas it is well known that the varieties of winter oats, varieties of durum wheat and varieties of maize which have an FAO maturity class index of 300 or over at present are not yet suitable for cultivation in the Grand Duchy of Luxembourg (Article 15 (3) (c), second case thereof);
Whereas therefore the application of the Grand Duchy of Luxembourg in respect of all 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 und Forestry,
The Grand Duchy of Luxembourg shall be authorized to prohibit the marketing in all of its territory of seed or propagating material of the following varieties listed in the 1976 common catalogue of varieties of agricultural plant species:
CEREALS    1. Avena sativa L.
Crin Noir
Maris Osprey
2. Triticum durum L.
Appulo
Belfuggito
Belvedere
Conte Morando
Eliodoro
Lambro
Valgiorgio
Valsacco  (1)OJ No L 225, 12.10.1970, p. 1. (2)OJ No L 356, 27.12.1973, p. 79.
3. Zea mais L.
Asgrow ATC 35 A
ASX 92
ATC 39
Bled
Cargill Aire 504
Cargill Sud 556
Cise X 5
Cise X 7
Coral
Dekalb KR 637
Dekalb KR 638
Dekalb XL 14
Dekalb XL 15 A
Dekalb XL 44
Dekalb XL 45 A
Dekalb XL 61
Dekalb XL 75
Dekalb XL 364
Dekalb XL 640 A
Emerald
Fรถhn LG 15
Funk's G 44
Funk's G 350
Funk's G 68227 Waxy
Funk's G 69930
Funk's G H.O. 605
Funk's G Pilot
Golden UC 1900
INRA 361
Lydia
Mercurio
Mistral LG 13
Morava
Nike U 383
NK 53 SP
Odra
Pag 64
Petula
Provence 610
RX 70
RX 80
Star 304
Strength UC 8800
The authorization given in Article 1 shall be withdrawn once it is established that the conditions thereof are no longer being satisfied.
The Grand Duchy of Luxembourg 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.
This Decision is addressed to the Grand Duchy of Luxembourg.