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,
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.
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
This Decision is addressed to the Federal Republic of Germany and the Hellenic Republic.